At the same time, a nursing facility cannot involuntarily transfer or discharge a resident without strict compliance with all of the legal procedures mandated by state and Federal regulations. SUPREME COURT OF IOWA, 1997.

   Violent conduct and verbal abuse of other residents are grounds for transferring or discharging a nursing home resident against the resident’s will. In fact, an extended care facility risks liability for keeping a resident who poses a threat of harm to other residents.

   But it is hardly that simple, as shown by a recent case from the Supreme Court of Iowa. State and Federal regulations carefully safeguard the rights of residents of extended care facilities. For a resident to be transferred or discharged involuntarily, even for compelling reasons, the law must be followed to the letter.

   An extended care facility should consult knowledgeable legal counsel. Written notice must be given, to the resident, to a responsible party, to a state agency or ombudsman and others. The resident has a right to social work counseling and a written plan of action. The resident can ask a court to oversee that his or her rights are being honored or to negate the whole process if they are not. Robbins vs. Iowa Dept. of Inspections, 567 N.W. 2d 653 (Iowa, 1997).