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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 42873
Experience:  30 years in civil, probate, real estate, elder law
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I need help regarding my father. he is in brain damage and

Customer Question

I need help regarding my father. he is in brain damage and has trach. he does dialysis so the only facility in the city said that they can not take my dad. what is his rights.? thanks
JA: What state are you in? It matters because laws vary by location.
Customer: i am in minnesota
JA: Has anything been filed or reported?
Customer: no. i have not filed anything I want to know my father's rights. he is in the hospital and i told the socail workar that my dad can not leave the hospital until he gets dialysis center where he can do . if my father does not do dialysis he can die within days.
JA: Anything else you want the lawyer to know before I connect you?
Customer: i do not know until i explain the situation.
Submitted: 2 months ago.
Category: Legal
Expert:  Ray replied 2 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  Ray replied 2 months ago.

Your rights here

Subd. 11.Continuity of care.

Patients and residents shall have the right to be cared for with reasonable regularity and continuity of staff assignment as far as facility policy allows.

Subd. 29.Transfers and discharges.

Residents shall not be arbitrarily transferred or discharged. Residents must be notified, in writing, of the proposed discharge or transfer and its justification no later than 30 days before discharge from the facility and seven days before transfer to another room within the facility. This notice shall include the resident's right to contest the proposed action, with the address and telephone number of the area nursing home ombudsman pursuant to the Older Americans Act, section 307(a)(12). The resident, informed of this right, may choose to relocate before the notice period ends. The notice period may be shortened in situations outside the facility's control, such as a determination by utilization review, the accommodation of newly admitted residents, a change in the resident's medical or treatment program, the resident's own or another resident's welfare, or nonpayment for stay unless prohibited by the public program or programs paying for the resident's care, as documented in the medical record. Facilities shall make a reasonable effort to accommodate new residents without disrupting room assignments.

https://www.revisor.mn.gov/statutes/?id=144.651

They cannot discharge your father without locating dialysis and after care for him.

Expert:  Ray replied 2 months ago.

You might want to consider hiring an advocate for him

https://advoconnection.com/register/

Expert:  Ray replied 2 months ago.

Complaints about hospitals

To file a complaint about a hospital, call the Minnesota Department of Health, Facility and Provider Compliance complaint intake line at(###) ###-####/p>

Keep on fighting here to get your dad the care the requires , sorry you are having to go thru this.

I appreciate the chance to help you tonight.Thanks again.

If you can positive rate 5 stars it is much appreciated.