• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Home
  • Our Firm
    • About Our Firm
    • Attorney and Staff Profiles
  • Services
    • Asset & Business Planning
    • Dental Practice Law
    • Estate and Gift Tax Figures
    • Estate Planning Services
    • Family-Owned Businesses & Farms
    • Financial Planning Assistance
    • Incapacity Planning
    • IRA & Retirement Planning
    • Legacy Planning
    • LGBTQ Estate Planning
    • Medicaid and Elder Law
    • SECURE Act
    • Special Needs Planning
    • Trust Administration
  • Elder Law
    • Coping With Alzheimer’s
    • Emergency Medicaid & Nursing Home Planning
    • Guardianship & Conservatorship
    • Hospice Care
    • Medicaid Planning
    • Veteran’s Benefits
  • Resources
    • DocuBank
    • Elder Law
      • Elder Law & Medicaid Definitions
      • Elder Law Reports
      • Elder Law Resources
        • Carmel, Indiana Elder Resources
        • Fishers Indiana Elder Law Resources
        • Greenfield, Indiana Elder Law Resources
        • Greenwood Elder Resources
        • Indianapolis Elder Law Resources
        • Lawrence Elder Law Resources
        • Plainfield Elder Resources
        • Zionsville Elder Law Resources
    • Estate Planning
      • Estate Planning Checkup
      • Estate and Gift Tax Figures
      • Estate Planning Definitions
      • Estate Planning Reports
        • Advanced Estate Planning
        • Basic Estate Planning
        • Estate Planning for Niches
        • Trust Administration
      • Incapacity Planning Definitions
      • Is Your Estate Plan Outdated?
      • Top 10 Estate and Legacy Planning Techniques
    • Free Estate Planning Worksheet
    • Frequently Asked Questions
      • Asset Protection Planning
        • Business Succession Planning
      • Elder Abuse
      • Elder Law
        • Medicaid
        • Medicaid Planning
        • Planning for Long-Term Care
      • Estate Planning
        • Avoiding Estate Taxes
        • Estate Planning for Parents
        • Frequently Asked Questions for Families Without an Estate Plan
        • LGBTQ Estate Planning
        • Women and the Need for Estate Planning
      • Financial Planning
      • Incapacity Planning
      • Legacy Wealth Planning
      • Pet Planning
      • Philanthropy in Your Estate Plan
      • Probate
      • Power of Attorney
      • Small Estate Administration
      • Trusts
        • Trust Administration
        • Trust Administration
        • Serving as Executor
      • Understanding Your Social Security Retirement Benefits
      • Wills
        • Contesting a Will
    • Newsletter
    • Pre Consultation Form
    • Probate and Trust Administration
      • Bereavement Resources
      • How to Know if You Need Extra Help With Your Grieving
      • Loss Of A Loved One
      • Probate Resources
        • Carmel, Indiana Probate Resources
        • Greenfield Probate
        • Greenwood Probate
        • Indianapolis Probate
        • Plainfield Probate
        • Indiana Probate
        • Zionsville Probate
      • Things You Need To Do When a Loved One Passes Away With a Trust
      • The Mourner’s Bill of Rights
      • Things You Need To Do When a Loved One Passes Away With a Will
      • Trust Administration & Probate Definitions
  • Reviews
    • Our Reviews
    • Review Us
  • Areas We Serve
    • Boone County
      • Lebanon
      • Zionsville
    • Hamilton County
      • Carmel
      • Fishers
    • Hancock County
      • Greenfield
    • Hendricks County
      • Brownsburg
      • Plainfield
    • Johnson County
      • Franklin, Indiana
      • Greenwood
    • Marion County
      • Central Indiana
      • Indianapolis
  • Blog
  • Contact Us

Frank & Kraft, Attorneys at Law

Indianapolis Estate Planning Attorneys

CONNECT WITH US TODAY(317) 684-1100

Attend a Free Workshop
Home » Long-Term Care Facility Rules You Need to Know

Long-Term Care Facility Rules You Need to Know

February 5, 2020Long-Term Care

  • Carmel elder law attorney

Approximately 70 percent of Americans over the age of 65 will need some level of long-term care services in their lifetime with 40 percent needing care in a nursing home. If you find yourself, or someone you love, in need of long-term care, it is important to also understand the rules and regulations that apply to LTC facilities. To get you started, a Carmel elder law attorney at Frank & Kraft explains long-term care transfer and eviction rules you need to know..

Your Federal and State Long-Term Care Facility Rights

Nursing homes are governed by both federal and state laws. Among the most important of those is the federal 1987 Nursing Home Reform Law (NHRL). The NHRL guarantees nursing home residents a number of important rights and requires nursing homes to “promote and protect the rights of each resident.” Specifically, as a nursing home resident, you have:

  • The right to freedom from abuse, mistreatment, and neglect;
  • The right to freedom from physical restraints;
  • The right to privacy;
  • The right to accommodation of medical, physical, psychological, and social needs;
  • The right to participate in resident and family groups;
  • The right to be treated with dignity;
  • The right to exercise self-determination;
  • The right to communicate freely;
  • The right to participate in the review of one’s care plan, and to be fully informed in advance about any changes in care, treatment, or change of status in the facility; and
  • The right to voice grievances without discrimination or reprisal.

If a nursing homes wishes to participate in the Medicare and/or Medicaid program – programs that pay the bill for over half of all current nursing home residents – a facility must meet federal residents’ rights requirements. Most states, including North Dakota, also have state level laws that protect nursing home residents. The Nursing Home Reform Law delineates very specific reasons why a nursing home resident may be evicted, including:

  • The discharge is necessary for the resident’s welfare and his or her needs cannot be met in the facility.
  • The resident’s health has improved and no longer needs the facility’s services.
  • The resident is endangering the safety of others.
  • The resident is endangering the health of others.
  • The resident has failed to pay for (or to have paid under Medicare or Medicaid) a stay at the facility.
  • The facility ceases to operate.

Indiana Long-Term Care Facility Rights

In addition to your rights under the NHRL, the State of Indiana also provides nursing home residents with rights with regard to transfer or discharge from the facility. According to the Indiana State Department of Health, if you are a resident of a long-term care facility, the facility must permit you to remain in the facility and not transfer or discharge you unless:

  • It is necessary for your welfare and your needs cannot be met in the facility.
  • Your health has improved sufficiently so you no longer need the services provided by the facility.
  • The safety of individuals in the facility is endangered due to your clinical or behavioral status.
  • The health of other individuals in the facility is endangered.
  • You fail, after reasonable and appropriate notice, to pay for (or to have paid under Medicare or Medicaid) a stay at the facility.
  • The facility ceases to operate.

You have the right to refuse to transfer to another room in the facility if the purpose of the transfer is to relocate a resident of a Skilled Nursing Facility (SNF) from the distinct part of the institution that is a SNF to a part of the institution that is not a SNF or to relocate a resident of a Nursing Facility (NF) from the distinct part of the institution that is a NF to a distinct part of the institution that is a SNF, solely for the convenience of staff.

Furthermore, the facility must provide written information regarding their policy about bed holds and return to the facility. The facility must provide you with written notice before you are to be transferred or discharged from the facility and include how you can appeal decisions to the Indiana State Department of Health.

Contact Carmel Elder Law Attorney

For more information, please join us for a FREE upcoming seminar. If you have additional questions or concerns about your rights as a resident of a long-term care facility, contact an experienced Carmel elder law attorney at Frank & Kraft by calling (317) 684-1100 to schedule an appointment.

  • Author
  • Recent Posts
Paul A. Kraft, Estate Planning Attorney
Paul A. Kraft, Estate Planning Attorney
Paul Kraft is Co-Founder and the senior Principal of Frank & Kraft, one of the leading law firms in Indiana in the area of estate planning as well as business and tax planning.

Mr. Kraft assists clients primarily in the areas of estate planning and administration, Medicaid planning, federal and state taxation, real estate and corporate law, bringing the added perspective of an accounting background to his work.
Paul A. Kraft, Estate Planning Attorney
Latest posts by Paul A. Kraft, Estate Planning Attorney (see all)
  • Parents – Avoid Making These Mistakes When Establishing a Trust for Your Children - March 30, 2023
  • Sibling Dilemma: What Can We Do If We Don’t Agree on Medical Care for Our Parent? - March 28, 2023
  • What Are the Probate Fees in Indiana? - March 23, 2023

Other Articles You May Find Useful

long-term care
How to Prepare for the Possibility That You Will Need Long-Term Care
Indianapolis Medicaid planning attorneys
What You Need to Know about Long-Term Care Insurance and Medicaid Planning
Indianapolis estate planning attorneys
Celebrate Long-Term Care Planning Month this October by Reviewing Your Plan
Protecting Your Assets Requires Planning for Long-Term Care
Medicaid in Indiana
What Assets Can a Spouse Keep on Medicaid?
nursing home attorneys
Why Seniors Face Problems if They Don’t have a Nursing Home Plan

Primary Sidebar

Frank & Kraft, Attorneys at Law

Download our free Estate Planning Worksheet

There's a lot that goes into setting up a comprehensive estate plan, but with our FREE worksheet, you'll be one step closer to getting yourself and your family on the path to a secure and happy future.

Follow Us

  • Facebook
  • Twitter
  • Linkdin
  • Youtube

Blog Subscription

Where We Are

Frank & Kraft Attorneys at Law
135 N. Pennsylvania Street Suite 1100
Indianapolis, IN 46204-2485
Phone: (317) 684-1100
Fax: (317) 684-6111

See Larger MapGet directions

Office Hours

Monday8:00 AM - 5:00 PM
Tuesday8:00 AM - 5:00 PM
Wednesday8:00 AM - 5:00 PM
Thursday8:00 AM - 5:00 PM
Friday8:00 AM - 5:00 PM

Map

frankkraft_sidbr_map

Footer

  • Advantages of Working With Our Firm
  • About The American Academy
  • Disclaimer
  • Privacy Policy
  • Sitemap
  • Contact Us

Connect with Us

  • Facebook
  • Twitter
  • Linkdin
  • Youtube
footer-logo

Frank & Kraft Attorneys at Law
Attorney Advertisement

© 2023 American Academy of Estate Planning Attorneys, Inc.

© 2023 · American Academy of Estate Planning Attorneys, Inc. | Disclaimer | Privacy Policy | Sitemap | Contact Us