How to Manage an Involuntary Discharge in Colorado Assisted Living Residences.

New regulations in Colorado have introduced uncertainty for operators of assisted living facilities when facing the challenging task of discharging a resident. In Colorado, an assisted living facility can involuntarily discharge a resident under specific conditions, such as posing a danger to themselves or others, failing to pay for services, or not adhering to the terms of the resident agreement. Here's an overview of the discharge process and the rights of both the facility and the resident:

Reasons for Involuntary Discharge

A resident can be asked to leave for:

1. Non-payment: If a resident does not pay for the basic services as agreed.

2. Violation of Agreement: If a resident fails to follow the rules stated in the signed agreement.

Process Before Discharge

Before a resident is discharged, the facility must:

1. Protect the safety of other residents.

2. Review and update the resident’s care plan to ensure their needs are met during the transition.

3. Train staff to handle the resident’s needs as per the updated care plan.

Coordination with Family and Representatives

The facility must involve the resident, their legal representative, or any designated agency to discuss the discharge plan, documenting all observations and efforts made to address the situation.

Notice of Discharge

The facility must give a 30-day written notice before discharging a resident. However, if the resident poses a danger to themselves or others, or needs a level of care the facility cannot provide, the notice might be shorter. This notice will be given to the resident, their legal representative, and any designated contact person.

Content of the Discharge Notice

The notice must include:

1. Detailed reasons for the discharge.

2. Evidence and events leading to the decision.

3. Efforts made to avoid the discharge.

Right to Challenge the Discharge

If a resident receives a discharge notice, they have the right to:

1. File a grievance with the assisted living residence within 14 days, either orally or in writing.

2. Receive a response from the facility within five business days.

3. Appeal to higher authorities if unsatisfied with the facility's response.

Assistance During Grievance

Throughout the grievance or appeal process, the facility must not retaliate against the resident and will continue to help plan their discharge or transfer.

Conditions for Return

A resident can return to the facility if:

1. The discharge was due to non-payment, and the resident settles the outstanding payments.

2. The resident was discharged after at least 31 days from the initial notice.

3. The resident meets the conditions set during the grievance or appeal process regarding payments.

Transfer to Another Facility

If a resident needs to be transferred for additional care, the facility must assess their needs and follow proper discharge or transfer procedures.

Understanding these rules can help residents and their families navigate the process of involuntary discharge and ensure their rights are respected.

The information herein is intended to be educational and an introduction to the subject matter presented. It is NOT specific legal advice to be relied upon for specific individual circumstances. Contact your own legal professional or reach out to our firm if you would like specific advice on this topic.

Look for additional blog posts on topics of interest related to assisted living and group homes. We welcome topic suggestions! Write to brian@pinkowskilaw.com if you are curious to learn more about a certain topic impacting assisted living or other group housing concerns.