Please begin using this notice immediately for all proposed discharges or transfers. As you can see, the one major change in this notice is the inclusion of a mediation option for the resident which would be held prior to a hearing.
Mediation has several distinct advantages for the nursing facility as well as the residents.
First, a nursing home need not be represented by an attorney at the mediation. Thus, if a proposed solution is agreeable to both the facility and the resident, the facility would have avoided costly attorney fees. Second, a proposed solution could well be reached sooner than through a hearing where a written decision needs to be issued by an administrative law judge. Finally, a mediation provides a less adversarial setting in which mutually agreeable results can be achieved without the time and expense of a contested hearing. This notice has been shared with staff of both the Health Facilities Association of Maryland and Maryland Association of Non-Profit Homes for the Aged.