Discharge Rights For Disabled

Summary

California law requires skilled nursing facilities to create a safe discharge plan for patients, including suitable housing and access to services. If no plan is provided, contact the California Department of Public Health. For local assistance in San Jose, reach out to the Law Foundation of Silicon Valley. Communicate concerns with any involved non-profits and seek legal advice if necessary.

Full Conversation

I am disabled and currently in a skilled nursing facility in California. During my stay here and the hospital, I lost my home. Can the facility discharge me without a home?
Hello ****. In California, skilled nursing facilities are obliged by law to develop a safe discharge plan for their patients. They cannot discharge you without a proper plan. Here are the legal requirements:
- A safe and orderly discharge plan must be in place
- Suitable housing arrangements should be made
- The plan must ensure access to appropriate services after discharge.
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Hello ****. That's a difficult situation. I'm sorry to hear about that. Can you please tell me more about the discharge plan they provided, if any?
I haven’t been given a discharge date yet but I’ve been here for 39 days. I do have MediCal/Medicaid.
Hello ****. Given your MediCal/Medicaid insurance, you should be eligible for assistance in transitioning to a safe living environment post-discharge. The facility should work with your insurer to develop a plan. Please inquire about this with the facility.
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Hello ****. It's important for you to discuss your concerns with the facility's staff. Have you had a chance to do this yet? Answer:
I asked if there are discharge plans but no information has been given yet.
Hello ****. It's concerning that you have not been given a discharge plan yet. You should contact the California Department of Public Health to report your situation. They may be able to help you ensure that your rights are being respected.
I am working with a local non-profit linked to social services who guaranteed me secure housing but have had very little communication and follow through
Hello ****. It's important to communicate your concerns to the non-profit organization. If communication doesn't improve, consider seeking legal advice. In California, you can contact the Legal Aid Foundation of Los Angeles for free legal help.
I’m in San Jose
Hello ****. For local assistance in San Jose, you can reach out to the Law Foundation of Silicon Valley. They provide free legal services and can help you navigate your situation.
Ok, thank you
You're welcome, ****. Don't hesitate to reach out if you have more questions regarding your situation. Wishing you the best in this process.