CNA Certification (Written Exam)Resident Rights and Legal/EthicalHard
A facility wants to discharge a resident because her family stopped paying privately and she is transitioning to Medicaid. Under resident rights regulations, this type of involuntary discharge is:
- ALegal, as long as 30 days' notice is given
- BLegal only if the resident's physician approves
- CIllegal, because payment source change is not a valid reason for involuntary discharge
- DLegal, since facilities can discharge residents for any financial reason
Show answer & explanationAnswer & explanation
Correct answer: C. Illegal, because payment source change is not a valid reason for involuntary discharge
Federal regulations prohibit involuntary discharge or transfer based solely on a change in payment source, such as transitioning from private pay to Medicaid. Valid reasons for discharge are limited to specific criteria like medical necessity, danger to others, or nonpayment when the resident has the means but refuses to pay—not simply switching payer types.
Why the other options are wrong
- A. Notice alone does not make an otherwise illegal discharge valid.
- B. Physician approval does not override the legal prohibition on this discharge reason.
- D. Financial reasons alone, especially payer source change, are not valid grounds for discharge.
Involuntary Discharge Protections
Federal law prohibits discharging or transferring a resident simply because they change from private pay to Medicaid; discharge must meet specific legal criteria.
- Payment source change is not valid grounds for discharge
- Valid reasons include medical necessity, danger, or nonpayment when able to pay
- Proper notice alone does not legalize an improper discharge
Memory trick: Switching to Medicaid? Can't kick them out for that.