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Community Grievance Decision Digest

DISCHARGE OF VOLUNTARY PATIENTS

THE LAW:

"(1) When a voluntary inpatient requests a discharge, the facility director or designee shall either release the patient or file a statement of emergency detention with the court as provided under ss. 51.10(5), 51.13(7)(b) and 51.15(10), Stats., and this section.

(2) If a voluntary inpatient requests a discharge and he or she has no other living quarters or is in need of other services to make the transition to the community, the following actions shall be taken by the facility director or designee prior to discharge:

(a) Counsel the patient and, when possible, assist the patient in locating living quarters;

(b) Inform the applicable program director, if any, of the patient's need for residential and other necessary transitional services; and

(c) If no living arrangements have been made by the time of discharge, refer the patient to an appropriate service agency for emergency living arrangements."

HFS 94.23, Wis. Admin. Code [Emphasis added.]

DECISIONS

  1. A father claimed that his son’s discharge from treatment at a medical center was in retaliation for his filing a complaint about his own mother’s care there.  It was determined that other factors led to the son’s discharge and that the father had been told that it was going to occur soon.  This occurred several months prior to the complainant filing a grievance about his mother’s care.  No retaliation for filing a complaint was found.  (Level III decision in Case No. 02-SGE-06 on 1/27/03.)

Last Updated: November 07, 2006