Written by Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a New Jersey Nursing Home Attorney
When a Medicaid application is denied or there is a failure to pay the monthly charge, threats of discharge are likely to soon start, often from the finance office of the nursing home or assisted living residence.
Sometimes other reasons are given by management to justify the discharge of a resident to either 1) another facility or 2) the home of a spouse or child. If faced with a threatened discharge or transfer, what can or should you do?
First and foremost, call me. There are strict laws and procedures that must be followed before a person can be discharged or transferred from a NJ licensed nursing home or NJ licensed assisted living residence or termination from the New Jersey Global Options Program.
You can reach me, Fredrick P. Niemann, Esq. toll-free at
(855) 376-5291 or email me at
For more information on appealing a denial of Medicaid in NJ, go to
Why Choose Hanlon Niemann
The Hanlon Niemann law firm took my case when others wouldn’t. They worked hard to get my Mom the Medicaid Insurance that she deserved. My mom is handicapped and at only 75 years of age too young to be placed in a nursing home. Now, thanks to the hard work done by Fred and Diane, she can remain at the place she has called home for the past 4 years.. If it wasn’t for them, her time at The assisted living facility would have been limited. Both mom and I can sleep better these days and I feel like a huge weight has been lifted off of my shoulders. Thanks again, Fred and Diane!
Cindy Rygiel – Sayreville, NJ
Transfer and discharge includes the involuntary movement of a resident to a bed outside of the facility even if that bed is in the same physical location. However, a transfer and discharge does not refer to the movement of a resident to a bed within the same certified facility.
A nursing home or assisted living residence or other facility licensed by the state of New Jersey has to allow a resident to remain in their facility, and not transfer or discharge the resident from the facility unless
If a facility proposes to transfer or discharge a resident under any of the circumstances specified in paragraphs (i) through (vi) above, the resident’s clinical medical records must be documented. The documentation must be made by
Record the reasons in the resident’s clinical record; and
Include in the notice the specific reasons for the transfer.
Unless it is an emergency situation described in New Jersey’s regulations, the notice of transfer or discharge must be made by the facility at least 30 days before the resident is transferred or discharged. The exceptions to the 30 day notice requirement are when
The Administrative code governing discharge in New Jersey requires in these situations that notice be made as “soon as practical” before the transfer or discharge. Obviously, this is a highly fact sensitive standard that can be legitimately argued by the family or a resident subject to transfer or discharge.
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If a transfer and discharge is contemplated, there must be sufficient preparation and consideration made available to the resident to ensure the safe and orderly transfer or discharge from the facility. By that, the law means that the facility must devote the necessary resources, time and support services needed to manage the physical and mental harm and disruption to the resident lifestyle pending the transfer or discharge.
Room changes in a facility that is a “composite distinct part” (composite distinct part means within the rehabilitation section, living section of a nursing home, assisted living residence or skilled nursing section) must be limited to moves within the particular building in which the resident resides, unless the resident voluntarily agrees to move to another of the composite distinct part’s locations
Before a nursing facility transfers a resident to a hospital or allows a resident to go on therapeutic leave, the nursing facility must provide written information to the resident and a family member or legal representative that specifies
At the time of transfer of a resident for hospitalization or therapeutic leave, a nursing facility must provide to the resident and a family member or legal representative written notice which specifies the duration of the bed-hold policy.
A nursing facility must establish and follow a written policy under which a resident, whose hospitalization or therapeutic leave exceeds the bed-hold period under the State plan, is readmitted to the facility immediately upon the first availability of a bed in a semi-private room if the resident
When the nursing facility to which a resident is readmitted contains a composite distinct part (as previously defined on this page of this article) the resident must be permitted to return to an available bed in that particular location in which he or she resided before. If a bed is not available in that location at the time of readmission, the resident must be given the option to return to that location upon the first availability of a bed there.
A facility must establish and maintain identical policies and practices regarding transfer, discharge, and the provision of services under the State plan for all individuals regardless of source of payment.
A facility must
In the case of a person eligible for Medicaid, a nursing facility must not charge, solicit, accept, or receive, in addition to any amount otherwise required to be paid under the State plan, any gift, money, donation, or other consideration as a precondition of admission, expedited admission or continued stay in the facility.
For more information about discharge, threatened discharge or patient resident rights, please contact me personally toll-free at (855) 376-5291 or email me at email@example.com. He is happy to meet with you or your family member.
Contact Fredrick P. Niemann, a NJ Discharge from NJ Nursing
Home Lawyer at: (888) 376-5291 or email him at firstname.lastname@example.org
He will sit and discuss your particular case and help you evaluate whether an actionable case of elder abuse exists.
OFFICE OF CONTINUING EDUCATION WORKSHOPS
Rutgers State University is pleased to invite Mr. Fred Niemann of Hanlon Niemann to be the guest speaker at their workshops for the Office of Continuing Education.
Mr. Niemann will offer continuing Education courses on “Elder Abuse and Financial Exploitation”, “Hidden Secrets of Veterans Benefits”, “Veterans Aid and Attendance Benefits 2013”, “Medicaid Changes: The Approaching Storm”, and the “New NJ Comprehensive Waiver Demonstration”.
Click here to check our website for current dates for these events.
Fredrick P. Niemann, Esq. was recently asked to speak at the NJ State Bar Association Institute of Continuing Legal Education in New Brunswick, NJ on the essentials of estate planning.
Mr. Niemann addressed attorneys from throughout the state of NJ interested in learning key concepts and principals of NJ estate planning, including such topics as wills, trusts, estate taxations, asset protection, powers of attorney, health care directives, special needs and supplemental needs trusts for disabled and incapacitated individuals, avoiding probate through creative use of beneficiary planning, inheritance taxes, gifting and changes coming to federal estate taxation.
Fredrick P. Niemann, Esq. attended the 46th annual Heckerling Institute on Estate Planning Conference from January 9th to January 13th at the Orlando World Center sponsored by the Community of Miami School of Law. This week long session assembled the nation’s leading authorities to lecture and discuss the latest in estate planning techniques and strategies. Topics analyzed and discussed included 1) elder law; 2) asset protection; 3) statutory case law developments; 4) planning with financial assets including annuities, Roth IRA’s, and life insurance policies; 5) litigation and tax controversies; 6) networking and practice development.
Mercer County Chapter of the New Jersey Society of CPAs
Fredrick P. Niemann spoke before the State Society of CPAs Mercer County Chapter on the subject of Estate Planning and Asset Protection Planning for individuals and families. Topics addressed during the 4 hour seminar included hospice planning and asset protection, Veterans Aid & Attendance, planning through the use of a Power of Attorney, Living Will and Healthcare Directive. Attendees at the seminar were eligible to receive 4 hours of professional CEU credits from the State Society.
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New Jersey Discharge from NJ Nursing Home Lawyer