Nursing Facility & Hospital Discharge Rights
The following documents include information on discharge planning for individuals who are in nursing facilities and want to return home, and advocacy tools for residents of nursing facilities and hospitalized individuals who want adequate discharge planning.
This Advocates’ Brief discusses hospital discharge rights. Section B describes state laws that apply to an individual if he/she (hereinafter “they”) is admitted to a hospital regardless of whether they have insurance.
The CCT program is a Medi-Cal funded program available through the state Department of Health Care Services (DHCS) to give people who have their medical coverage through Medi-Cal and live in a medical facility the extra help they need to move from a medical facility to their own home.
The Federal Nursing Home Reform Act, or OBRA ’87 (Omnibus Budget Reconciliation Act of 1987), created a set of national minimum set of standards of care and rights for people living in certified nursing facilities.
If the Medi-Cal program is paying or your nursing facility care and if you also have income – such as from Social Security benefits – you will have a Medi-Cal share of cost equal to all of your income above $35 a month. “Nursing facility” includes a subacute facility and a hospital “distinct part unit” with step-down beds. Thus if your Social Security benefits were $835 a month, your share of cost would be $800 a month.
All nursing facilities receiving Medicare or Medicaid funding must administer an MDS assessment to all nursing facility (NF) residents. The MDS is used to obtain information about a resident’s functional capabilities, identify health problems and to assist in the development of the individuals care plan, including discharge planning.