About the Course
Introduction
This CLE webinar will examine resident rights, facility obligations, and the practical options available when nursing facilities move to transfer or discharge a resident or deny readmission post-hospitalization. The panel will navigate the regulatory framework covering involuntary transfers and discharges and discuss topics such as the regulatory responsibilities placed on facilities, the legal safeguards for residents, and the procedural processes facility and resident counsel should undertake to avoid disputes, preserve rights, and address contested discharge or readmission issues when they arise.
Description
Federal nursing facility rules strictly guide the allowable resident discharge reasons, requiring specific notice and documentation. Issues involving long-term care discharges often start with a misapplication of these standards concerning resident rights, administrative appeals, Medicare noncoverage decisions, Medicaid payment issues, and discharge planning failures, and may result in appeals, readmission disputes, or requests for emergency relief.
Listen as our panel discusses involuntary transfer and discharge rules, hearing rights, readmission after hospitalization, Medicare and Medicaid issues, discharge planning, best practices for communication and documentation, and practical approaches to avoiding and resolving disputes over long-term care placement.
Presented By
Mr. Brooks is Consumer Voice’s Director of Public Policy. He is an attorney formerly with the Aging and Disabilities Unit at Community Legal Services in Philadelphia. During that time, Mr. Brooks became an expert on nursing homes in Pennsylvania and nursing home regulations. He has a passion for justice and years of advocating on behalf of nursing home residents.
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Mr. Stein is an experienced trial attorney who represents clients in complex civil, white collar criminal, and RICO litigation matters and state and federal government investigations. As a seasoned trial attorney, he has served for years as a faculty member for the National Institute for Trial Advocacy (NITA) and the firm’s trial advocacy program for associates. With a background as a trial attorney in both civil and criminal matters, Mr. Stein is uniquely positioned to handle litigation involving the Racketeer Influenced and Corrupt Organizations Act (RICO). He has extensive experience defending businesses and individuals across a broad spectrum of industries who have been accused of either civil or criminal RICO violations. Mr. Stein has successfully tried and arbitrated RICO cases that allege all manner of racketeering activity, including mail fraud, fraud wire, money laundering, embezzlement, homicide, and violations of federal statutes such as the Food, Drug and Cosmetics Act and the Controlled Substances Act. Cal hosts the “RICO Report,” a podcast series devoted entirely to the RICO statute.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Tuesday, June 30, 2026
- schedule
1:00 PM ET/10:00 AM PT
I. Federal Framework for Long-Term Care Transfers and Discharges
II. Permissible Grounds, Resident Rights, and Facility Responsibilities
III. Notice, Documentation, and Discharge Planning
IV. Hospital Transfers, Bed Holds, and Readmission
V. Medicare, Medicaid, and Payment Issues
VI. Appeals, Hearings, and Dispute Resolution
VII. Practical Takeaways
The panel will explore these and other key areas:
- When a facility may transfer or discharge a resident
- Required notice, timing, documentation, and discharge planning
- Resident rights and facility responsibilities before and during a discharge
- Return-from-hospital disputes, bed-hold issues, and readmission
- Medicare noncoverage, Medicaid eligibility, and payment issues
- Appeals, hearings, evidence, and dispute resolution
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