Mich. Comp. Laws Ann. § 333.21773 - Guidelines and regulations regarding the involuntary transfer or discharge of patients by nursing homes

As a general rule, Michigan prohibits nursing homes from involuntarily discharging or transferring patients, but Michigan does provide certain exceptions to this rule. Involuntary discharge or transfer is permissible if (1) it will further the welfare of the patient, other patients, or nursing home employees; (2) it is medically justified; or (3) the patient fails to pay and does not qualify for protection from various federal social security act provisions.

The nursing home must give thirty days notice before an involuntary discharge or transfer unless the action is (1) the result of an emergency; (2) taken upon written order of the patient’s physician; (3) necessary to protect the safety of other patients and employees “as documented in the clinical record;” or (4) taken following agreement by the patient or their legal guardian and proper notice is provided to the patient’s family and agency responsible for coordinating the patient’s nursing home care.

Michigan requires the notice to include the reason for and date of the transfer, a statement describing the patient’s right to an appeals hearing, and the forms necessary to request a hearing. This notice must be put into the patient’s clinical record and distributed to the patient’s family, representation, legal guardian, and nursing care coordinator.

Either the nursing home administrator or an employee must conduct a discussion with the patient, their family or legal guardian, and care coordinator regarding the involuntary discharge or transfer. A written summary of this conversation, including names of the participants, must be placed into the patient’s clinical record.