Maybe.
It depends on what they mean when they say attitude. If by “attitude,” the nursing home means a patient that is disagreeable or eccentric, that is likely not enough.
The attitude in question would have to be VERY problematic. Just being disagreeable or hard to get along with, or even rude is likely not enough.
The “attitude” would need to be significant. It would have to interfere with the nursing home’s ability to provide the patient appropriate care or threaten the health and safety of other patients at the facility.
It’s unlikely that is happening. More likely, the facility is using “attitude” as a pretext or retaliating against the patient. Both are unlawful.
Cannot Arbitrarily Transfer a Patient
A nursing home CANNOT arbitrarily say they do not like a patient’s attitude and then proceed to transfer them elsewhere against the patient or the patient’s representative’s wishes.
Cannot Use “Attitude” As A Pre-Text to Retaliate
Under no circumstances may a nursing home transfer a patient due to their attitude when in fact, it is just a pretext for that patient making complaints about legitimate problems at the facility.
If you or a loved one are being threatened with a transfer from a nursing home, contact my office for a free consultation today. I provide free, confidential and no pressure consultations.
You may also read more below about what circumstances may justify transferring a patient based on their attitude and the procedures that MUST be followed.
Cause to Transfer a Patient from a Nursing Home in California
Generally speaking, there are a couple of legal reasons that a nursing home may use in an attempted transfer of a patient based on an allegation regarding their attitude.
Patient’s Welfare and Needs
First, they may try and say the person’s attitude is so disruptive and problematic that it impacts the patient’s own welfare at the facility and, as a result, the patient’s needs cannot be met at the facility. 42 CFR § 483.15(c)(1)(A)
(c) Transfer and discharge –
(1) Facility requirements – (i) The facility must permit each resident to remain in the facility, and not transfer or discharge the resident from the facility unless –
(A) The transfer or discharge is necessary for the resident’s welfare and the resident’s needs cannot be met in the facility;
It is hard to imagine someone having an attitude that was so severe it prevented the facility from providing them care.
However, if the person was resistant to taking medication – or refused to follow reasonable orders and requests – then it is possible that this would justify a transfer.
As you’ll see below, in such a case, the facility would have to clearly document precisely how the person’s attitude has led to these results.
Safety of Other Individuals at the Facility Threatened
Second, the nursing home may claim the transfer is necessary because the patient’s attitude threatens the safety of individuals in the facility 42 CFR § 483.15(c)(1)(C)
(c) Transfer and discharge –
(1) Facility requirements – (i) The facility must permit each resident to remain in the facility, and not transfer or discharge the resident from the facility unless –
(C) The safety of individuals in the facility is endangered due to the clinical or behavioral status of the resident;
Again, it is hard to imagine how someone’s attitude could rise to this level. It is possible, but it seems unlikely and should make you wonder whether there is another reason the nursing home wants to transfer you or your loved one.
In either case, the nursing home is required to follow strict procedures in making the transfer.
Must Always Follow Strict Procedures to Transfer a Patient
When a nursing home proposes transferring a patient they must show that the transfer is legally justified and follow all appropriate procedures.
In short, that includes doing all of the following:
(1) documenting the reasons that justify the transfer; and
(2) providing the resident/patient written notice of the proposed transfer.
Documentation
When the facility transfers or discharges a resident under any of the circumstances specified in paragraphs (c)(1)(i)(A) through (F) of this section, the facility must ensure that the transfer or discharge is documented in the resident’s medical record and appropriate information is communicated to the receiving health care institution or provider. 42 CFR § 483.15(c)(2)
Written Notice
(3) Notice before transfer. Before a facility transfers or discharges a resident, the facility must –
(i) Notify the resident and the resident’s representative(s) of the transfer or discharge and the reasons for the move in writing and in a language and manner they understand. The facility must send a copy of the notice to a representative of the Office of the State Long-Term Care Ombudsman.
(ii) Record the reasons for the transfer or discharge in the resident’s medical record in accordance with paragraph (c)(2) of this section; and
(iii) Include in the notice the items described in paragraph (c)(5) of this section.
If the nursing home does not follow these steps, then they may not transfer the patient. These are strict rules that must be followed.
If a nursing home transfers a patient without following these procedures, then the nursing home may be sued for damages.
Nursing Home Patients May Appeal any Transfer
Whether for attitude, or any other reason a nursing home must provide the patient with an opportunity to appeal the decision to transfer the patient.
The right to appeal the transfer decision must be contained in the written notice informing the patient about the transfer;
AND
when the appeal is pending the patient cannot be transferred. See, 42 CFR §§ 483.15(c)(1)(ii); and 431.230 et seq.
Concerned About a Nursing Home Transfer – Contact for Free Case Evaluation
Removing a patient from a nursing home due to their “attitude,” is suspicious and if you are concerned about it you should investigate further and contact an attorney to help you.
If you or a loved one is being transferred from a nursing home, contact my office for a free consultation. In many cases, the facility does not follow the appropriate steps to transfer a patient or attempts to transfer them for illegal reasons.