Transfer provisions apply to dangerous resident, court rules

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A California Court of Appeals has ruled that a San Marcos, CA, long-term care facility violated federal and state Medicaid transfer requirements. The facility refused to readmit a resident or to issue him a bed-hold notice following a transfer to a hospital emergency room.

The resident, who suffered from Parkinson's and vascular dementia, was transferred from Village Square Nursing and Rehabilitation Center to Pomerado Hospital's emergency room after he allegedly physically abused a caregiver. While the facility said the resident's son was notified by telephone of the transfer, the resident himself was never issued a bed-hold notice, the court determined.

When the hospital attempted to discharge the resident, Village Square refused to readmit him stating that he was a danger to other residents and staff. The case is Kindred Nursing Centers West LLC v. California Health and Human Services Agency.

Federal and state law require a nursing facility to readmit a transferred resident if the facility's services are required. Facilities must also provide written notice at the time of transfer to the resident and an immediate family member of the duration of the bed-hold period, according to the court ruling.