Absent proof of emergency circumstances, facility must give notice before discharging patient

Topic: Bill of Rights, Decided by: Judge Howells 
Docket Number: ******* , Decision Date: March 14, 2022 
Attachment: Click here to download the decision. 

This case involved a long-term-care facility seeking an involuntary transfer of a PTSD patient who had a history of altercations with other patients.  The Court reversed the discharge decision, on the grounds the facility had no evidence that an actual emergency existed at the time the discharge had been sought.  As no emergency existed, the facility had to provide the patient with 30 days’ notice of discharge, which it had not done here.

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