(Warning: Typos Intact, Not Legal Advice)

Social Workers and Nursing Homes

Are there any federal or state laws states a hospital and/or nursing home case managers, case workers and/or social workers needs to ask the child who agrees to discharge and take their elder parent home whether the elder is under 24/7 care and/or supervision? If so, what is the code section number to that law?

Answer: It seems like you’re referring to a situation where a hospital or nursing home has discharged a parent or patient to be cared for by their adult child. You’re asking whether these facilities have a duty to investigate whether the adult child is actually capable of providing adequate care.

In my experience, hospitals and nursing homes generally do not have a statutory duty to ensure that the home environment is adequate for the patient’s care. They may conduct a home inspection or rely on the assurances of the patient or the adult child regarding the home conditions, but they are not typically required to ensure the home meets specific care standards.