Law, Rules Ignored in Mass Transfer

By Walter F. Roche Jr.

Some 300 Massachusetts nursing home patients were being rushed to new facilities without notice despite state and federal requirements that so-called involuntary transfers from nursing homes be limited to specific circumstances and that patients be given notice of their right to an appeal.
So far the mass transfers have been announced for two nursing homes, one in Worcester, the other in Wilmington. But state officials have made it clear they are intent on expanding the program to provide some 1,000 beds for patients recovering from Covid-19.
Massachusetts regulations regarding so called involuntary transfers and discharges state, "A facility may not discharge or transfer a resident "unless the resident or appropriate representative consented in writing to the discharge or transfer."
Federal regulations set only six justifications such as the patient no longer requires the level of care provided or the facility cannot provide the necessary level of care. In addition if the patient files an appeal the transfer must be put on hold.
The transfer of 147 patients at Beaumont at University Place in Worcester was first disclosed a week ago and by early this week Beaumont patients were already being transferred to other nursing homes owned by Salmon Health Care, the owner of Beaumont.
The transfers were interrupted only when it was discovered that several of the current residents already were infected with Covid-19.
Beaumont patients and their representatives only learned of the imminent transfers a week ago in a facebook post by the Salmon's, chief executive officer, Matthew Salmon.
Interviews with relatives of the Beaumont patients show none were informed individually for the transfer nor were they given a medical justification, as required.
An additional 142 patients at the Advinia Care in Wilmington also have been targeted for transfer to other homes owned by the home's parent, Pointe Group Care. That move was also put on hold today after nearly half the patients also tested positive for covid-19 despite showing no symptoms.
Questions posed to both companies about compliance with the state and federal involuntary transfer requirements went unanswered.
Massachusetts officials, including aides to Baker, also did not respond to a series of questions about involuntary transfer rules.
The rushed transfers and the manner in which they were disclosed has prompted protests from the families of current and former patients at the two facilities.
Rev. Megan Leary, who had two grandparents at the facility for several years said the way the transfers were implemented was "unethical at best."
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