Legal Opinion

Edgewater At Waterman Village v. Youngren

District Court of Appeal of Florida

Decided January 4, 2002No. Nos. 5D00-1470, 5D00-1594Published

1Per curiam

The Edgewater At Waterman Village appeals an administrative order in favor of Stella Youngren, a one-time resident of Edgewater’s nursing home, and an Alzheimer’s disease patient. The order determined that Edgewater did not have the authority to transfer Youngren to another facility. We affirm.

*901Under federal law, nursing homes accepting payment from Medicaid and Medicare cannot discharge or transfer a resident unless (among other reasons not pertinent here): (1) the transfer is necessary for the resident’s welfare, and the facility can no longer meet the needs of the patient; (2) the safety of…

2Cases cited3 opinions

  1. Perdue v. TJ Palm Associates, Ltd.District Court of Appeal of Florida · 1999
  2. In Re the Involuntary Discharge or Transfer of J.S. Ex Rel. HallCourt of Appeals of Minnesota · 1994
  3. Miami-Dade County v. ReyesDistrict Court of Appeal of Florida · 2000

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