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My family member was refused readmittance into a local area nursing home where she has been for the last 5 years. (This was after being admitted into the hospital for acute care.) Though the involuntary discharge paper doesn't list this as a reason, it is because I was labeled as a "difficult family member". Hospital administrator said this over the phone. Her paper says "unable to meet her care needs" and her return would endanger her health/safety and of others in the nursing home. This has been extremely stressful and disruptive. The hospital has been left struggling to find a facility that will accept her (13 declines thus far). Along with physical disabilities from a stroke, she also suffers from mental illness (schizophrenia). Most nursing homes either do not accept psych patients and/or are not accepting new patients due to Covid. I am debating bringing her home even though my home cannot adequately accommodate her physical disabilities; and we've missed the window to apply for Home Health state assistance, so home health assistance would be out-of-pocket. Stuck with very few options and shocked that involuntary discharges can occur without notice.

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As you have discovered they use the hospital admission to start the discharge process

What you may not know, hospital will contact NH (sometimes even before family) to let them know what is going on, as probably stated in the NH admission papers/contract.

If you have a copy handy there should be a section where it says the resident gives permission for medical info to be released, etc, that would and probably does cover hospital alerting NH about resident's medical condition.

This gives the NH the time to follow the proper protocol for discharge. Some NH alert the family of this, but many don't. The loved ones are blindsided when they are informed they have to find somewhere else to send their loved one.
Find and read the contract/admissions if you can locate them.
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An “injunction”, in my not an atty understanding, requires a court order to do or stop doing an action. She’s not a current resident of the old NH, right? If so, they have no more responsibility. She was admitted to a hospital & where she still is a patient at, right? So She’s under care at the hospital & not at risk of harm or danger; it’s stuff like this that an injunction might be done for, but she’s getting care in the hospital.

As long as she’s still in the hospital, then the discharge planner at the hospital will have to find her a facility to do a safe discharge for her to move to; UNLESS family chooses to take her out of the hospital & have her leave with them. If you take her out, you assume all responsibility.

Discharge planner will eventually find a facility.
But they will try to do whatever to get you or other family or friends to come and take her. They would be thrilled to have you get her & take her off their workload & not their problem anymore.

if you decide to do this, please realize you are likely to find yourself totally on your own to do 24/7 oversight and all care for her as well as taking care of yourself & whatever responsibilities you current have.

Geriatric psych care was really hard to get before Covid-19 concerns. It’s got to be even much more difficult now as all health care is stretched. If she’s schizophrenic and not already on a solid established medication management system, I bet that it will be impossible to find a home health agency that is willing to have her as a client. The agencies, like the NH, will use the “cannot meet the level of care needed” as the reason. Her health chart from her old NH likely has all sorts of entries as to challenges with her mental health state, behavioral issues, RX problems; which they can use was to why they cannot care for her. They will be able to review her charts to determine her care plan. The “Cannot meet the level of care needed” is a legit reason and her existing chart will, I bet, totally back up the decision.

if your on good terms with her old NH, I’d ask the SW to share with you what the problems were with your mom. If she was a “threat” to other residents and staff, the details will be in her chart. You may not be aware as to just how much of a risk your mom has been to others. It can be hard for family to be accepting of the reality of mental health and behavioral issues.
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Your profile information talks about Eugene not a woman.

Why were you labeled as a difficult family member? Do you have any insight into this comment from the Hospital Administrator?
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