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After a discharge notice

A notice starts a clock, but it also starts your rights. Use the 30 days well.

Quick answer

A personal care home must give 30 days' advance written notice of discharge, stating the reason, except when the resident's or others' health or safety is in immediate danger, and an assisted living residence must give 30 days' notice under its contract rules.

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How much notice must a Pennsylvania personal care home give before discharge?

A personal care home must give 30 days' advance written notice of discharge, stating the reason, except when the resident's or others' health or safety is in immediate danger, and an assisted living residence must give 30 days' notice under its contract rules.

Read the notice for the stated reason. Common reasons are needs the home says it cannot meet, unpaid fees, or behavior that endangers others.

Can we challenge a discharge notice?

Yes: ask the home for a meeting to discuss the reason and whether a changed support plan, added services or a hospice or home health agency could resolve it, and contact the county's long-term care ombudsman, who can advocate for the resident free of charge.

If the notice seems retaliatory or the reason is not true, report it to DHS at 1-877-401-8835. Keep every notice and note dates of conversations.

What if the home says my parent needs more care than it can give?

Ask for the specific needs the home cannot meet and whether a secured dementia unit, an assisted living residence or a nursing home is the appropriate next step, and ask your parent's doctor for an independent opinion.

29 of the 70 licensed homes in Lehigh, Northampton and Carbon counties have a secured dementia care unit or special care unit on their DHS certificate, with 1,122 unit places in all; the largest is Saucon Valley Manor with 100. A move within the same campus to its dementia unit, if it has one, is often the least disruptive option.

What if the discharge is about money?

If fees are unpaid because savings ran out, ask whether the home accepts SSI with the state supplement or offers a reduced rate, apply for VA pension if eligible, and start a Medical Assistance application in case a nursing home move is needed.

See when the money is running out.

How do we find the next home within 30 days?

Use the directory to list licensed homes or nursing homes in the right towns with the right license, call the ones with recent clean inspections first, and ask the current home and the ombudsman to help coordinate the transfer as the regulations require.

A senior advisor can check openings quickly across many homes at once, at no cost to the family.

At a glance

A discharge notice isA discharge notice is not
TimingUsually 30 days' written noticeImmediate except in emergencies
RightsOpen to discussion, ombudsman help and complaintFinal without a reason
Next stepA planned transfer the home must help withThe family's problem alone

Sources include 55 Pa. Code Chapters 20, 2600 and 2800, Pennsylvania DHS, Department of Health and Department of Aging pages, CMS, VA and CareScout rate tables as cited above; see our editorial standards.

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