Hospital admissions can bring relief and anxiety in equal measure. Most patients want to recover and return home as soon as possible, but families often worry about safety and continuity of care.

In some cases, the timing of a discharge isn’t decided by the patient, their family, or even their treating physician. Administrative, financial, or insurance-based decisions can determine when a stay ends—sometimes prematurely or without the right support in place.

Because discharge and post-care transitions carry serious health and legal implications, hospitals are required to follow specific procedures to protect patients. Even so, errors happen. A discharge may be handled incorrectly, a referral might be overlooked, or a decision could be made based on incomplete medical or insurance information.

Patients have rights to notice, assistance with safe discharge planning, and the ability to appeal certain decisions. But appeals often move slower than medical timelines, leaving families unsure of what to do next.

If you or a family member are facing a discharge you believe is unsafe or poorly coordinated, or if post-hospital referrals have been ignored, it may be in your best interest to contact a Minnesota attorney familiar with healthcare law and patient rights.

Safe and Legal Hospital Discharge Requirements

Hospitals in Minnesota are required to plan for each patient’s safe discharge. This means ensuring the patient:

• Is medically stable
• Understands follow-up instructions
• Has access to necessary post-hospital services

Discharge planning rules are rooted in both federal regulations (Centers for Medicare & Medicaid Services) and Minnesota patient rights laws.

Before a patient is released, the hospital must assess ongoing medical needs and identify whether the individual requires skilled nursing, therapy, or home health support. A premature or poorly coordinated discharge can result in medical setbacks, hospital readmission, or even liability for the provider.

Patients have the right to participate in discharge discussions, ask questions, and review the plan in writing before leaving. If a patient or family disagrees with the plan, they can request clarification or appeal the decision through established procedures.

Required Notice and Patient Participation

Every hospital must provide written notice before discharge explaining when and why the discharge will occur. For Medicare beneficiaries, this notice is usually delivered as a “Notice of Discharge and Appeal Rights.” It outlines how to challenge the decision if the patient or their representative believes it’s premature.

Hospitals are also responsible for ensuring that patients understand their discharge instructions, including medications, follow-up appointments, and warning signs that require medical attention. When staff know that a patient lacks the capacity or support to manage their own care, they must coordinate post-hospital resources before discharge.

Sending a patient home alone without the means to adhere to their treatment plan may violate discharge planning regulations and justify legal review.

Referrals and Post-Acute Care Transitions

Many patients need continued care after leaving the hospital. “Post-acute care” can include skilled nursing, rehabilitation, home health, hospice, or other follow-up services.

Hospitals are legally obligated to help arrange these services as part of safe discharge planning.

If a patient is sent home without a clear plan for ongoing care, or if referrals are delayed or never made, it can lead to serious complications.

In addition to the medical risks, these breakdowns expose healthcare providers to liability and negligence claims related to their failure to meet discharge obligations.

Appealing a Discharge or Denied Coverage

Patients have the right to challenge a hospital’s decision to discharge or an insurance company’s decision to stop paying for care. These appeals follow strict timelines due to the time-sensitive nature of these decisions.

If you believe discharge is unsafe, you can request an expedited appeal through the hospital’s case management office or through your insurer if coverage is the issue. While the appeal is pending, patients may have the right to remain in the facility temporarily, depending on the type of insurance and program rules.

Documentation is key to any appeal. Keep copies of discharge notices, insurance correspondence, and notes from conversations with care coordinators or utilization review staff. Having organized records can make it easier to establish that a decision was premature or medically unjustified.

When Legal Help May Be Needed

Discharge disputes can escalate quickly, and patients often have little time to react. You may want to consult an attorney if:

• The hospital plans to discharge you despite medical objections from your treating physician.
• You did not receive written notice or clear information about your right to appeal.
• Your insurance company denied further coverage, forcing early discharge.
• You were sent home without appropriate referrals or follow-up care, leading to complications or readmission.
• Hospital staff refused to acknowledge or process your appeal.

If you or a loved one are experiencing any of these situations, it may be in your best interest to speak with a Minneapolis–St. Paul attorney who understands healthcare law and patient rights. The referral counselors at Minnesota Lawyer Referral and Information Service can help you find an attorney experienced in discharge appeals, insurance disputes, and medical facility compliance.

Start the process using guided assistance, our self-referral service, or by calling us at 612-752-6699.