Nursing

Assume that you are the attorney for Pine Acres Nursing Home, located in an older section of the city. The administrator has approached you regarding problems with certain patients. One patient, Francis Scott, aged 88, has been a resident of the facility for a few months. Mr. Scott’s mental and physical conditions have been deteriorating slowly for several years and much more rapidly in the past six months. His family members placed him in the nursing home because they wanted him to be safe. They were concerned because he had often left his apartment and become completely lost on the way back. Mr. Scott’s family always promptly pays the monthly fee. Mr. Scott is angry about the placement, tends to be rude to staff, and insists on walking through the hallways and around the fenced—in grounds of the facility on his own. He has always been an early riser and likes to take his shower at the crack of dawn. He refuses to be assisted in showering by a nurse’s aide. In addition, his friends from the neighborhood like to visit. They like to play pinochle when they come, and they usually bring a six—pack of beer.
The administrator wants to know whether Mr. Scott can be transferred or discharged, and if so, what procedures must be followed.
In preparing your response, be sure to consult the Residents’ Rights section of the Medicaid statute, as well as the relevant federal regulations and CMS guidance to surveyors, which you must find on your own. What other advice can you offer the administrator?