Nursing homes may try to unintentionally discharge a resident who is left without Medicare coverage or evict a resident who has Medicaid to free up a bed for a higher one. Nursing homes may attempt to unintentionally discharge a resident who is left without Medicare coverage or evict a resident receiving Medicaid to leave a spare bed for a higher-paying resident. Nursing homes receive a higher wage from private residents (as well as those with Medicare). Nursing facilities are not legally allowed to unintentionally discharge a resident, unless at least one of these things is true.
Yes, a nursing home can discharge a person for non-payment. However, the patient must be informed in writing at least 30 days before being discharged. If your loved one has received a discharge notification, your area's long-term care advocate can help. The law also requires that nursing homes adjust their staffing as needed to ensure the best possible individualized care.
Likewise, the nursing home should not expel the resident if the request is denied and the appeal is ongoing. Medicaid for nursing homes, also called institutional Medicaid, is a benefit program in all 50 states and the District of Columbia. A nursing home lawyer can investigate the case diligently and take immediate steps to protect the rights of your loved ones. While the reasons for discharges and involuntary transfers to nursing homes vary, they may be because residents require a higher level of care than the nursing home believes it can handle or, more commonly, at the end of Medicare coverage. The founding attorney of Malman Law, Steven Malman, has more than 30 years of experience handling personal injury, nursing home, medical malpractice, truck accidents, car accidents, premises liability, construction, and workers' compensation cases in Chicago, IL.
Your loved one can remain in the nursing home while the appeal decision is pending, as long as the appeal has been filed no later than the day they are due to be discharged. If so, apply for Medicaid at a nursing home right away and, if not, consult a professional Medicaid planner to help you meet Medicaid criteria. A nursing home resident must have a reasonable amount of time to find another source of payment. If you've applied for Medicaid but haven't yet been approved or rejected, you have Medicaid status pending, which means you can start getting care right away in some nursing homes and caregivers. Consumer Voice, in coordination with the Utah State Office of the Long-Term Care Ombudsman, created resources to help long-term care providers, ombudsmen, consumers and other interested parties understand federal and state requirements regarding the rights and responsibilities of transportation and forgiveness.
Medicare, the federal health insurance for people 65 and older, will cover short-term skilled nursing care (up to 100 days) in Medicare-approved (certified) nursing homes. If Medicare doesn't pay for your loved one's continued stay in the nursing home and you and they decide they should stay, you'll need to use another payment method, such as private funds or VA benefits. Upon receiving this notice, a resident who still needs care in a nursing home but can't afford to pay out of pocket can apply for Medicaid.
