Is Nursing Home Required to Escort Patient With Dementia to ER?

The requirement for a nursing home to provide an escort for a resident with dementia to the emergency room can vary based on several factors including state regulations, facility policies, and the resident’s specific care plan. Generally, nursing homes have a responsibility to ensure the safety and well-being of their residents.

Here is what you should consider:

• State Regulations. Many states have regulations that dictate the level of care nursing homes must provide, which can include accompanying residents during medical transports. Check your state’s specific guidelines for nursing home responsibilities.
• Facility Policies. Each nursing home may have its own policies regarding escorts to the emergency room. Review the resident agreement and facility handbook to understand the nursing home’s obligations.
• Resident’s Care Plan. A resident’s individual care plan may outline specific needs and requirements for transportation and accompaniment. If the care plan indicates a need for an escort due to dementia or other health issues, the nursing home should follow those guidelines.
• Duty of Care. Nursing homes have a general “duty of care” to protect their residents. This duty often includes ensuring safe transport and appropriate supervision during medical visits. If the resident’s dementia makes it unsafe for them to travel alone, an escort may be necessary.

Recommendations

• Review the Resident Agreement. Check the documents you signed when admitting the resident to the nursing home. These documents should outline the facility’s responsibilities.
• Consult the Nursing Home Administration. Speak directly with the nursing home’s administrators or nursing staff to clarify their policy on escorts to the emergency room for residents with dementia.
• Check State Regulations. Research your state’s regulations for nursing home care to ensure compliance with legal requirements.
• Document Everything. Keep detailed records of all communications and policies regarding resident transport and accompaniment.

Speak with a Local Elder Law Attorney. An expert in this area of law can help you navigate disputes and nursing home resident rights.