Are there any legal protections against wrongfully discharged nursing home residents?

Yes, there are legal protections against wrongfully discharged nursing home residents in California. Nursing home residents have certain rights that are guaranteed by state and federal laws. First, under California law, every nursing home resident is entitled to receive quality care and services. This includes the right to be free from physical and psychological harm, abuse, neglect, and/or financial exploitation. In addition, the California Nursing Home Residents’ Bill of Rights gives residents the right to due process when they are discharged or transferred to another facility. Under federal law, nursing home residents also have certain rights that cannot be taken away without due process. Specifically, the Nursing Home Reform Act of 1987 guarantees each resident the “right to a dignified existence, self-determination, and communication with and access to persons and services inside and outside the facility.” This includes the right to challenge any physical, mental, or financial abuse. California state law also specifically protects nursing home residents from wrongful discharge. These laws provide for appeal rights when a resident is discharged, transferred, or denied admission to a nursing home. This means that a residence can challenge the nursing home’s decision in court if they feel they have been wrongfully discharged. In addition, if a resident is wrongfully discharged, they can file a complaint with the California Department of Public Health and seek civil remedies.

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Are there any legal protections against wrongfully discharged nursing home residents?

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