SNF's cherry picking their patients--Disability Discrimination

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I picking up from an old thread but can completely support it. If you were to look at the US News World Report Best Nursing Facilities (https://health.usnews.com/best-nursing-homes/area/nc), you couldn't make it up. We have a family member incomplete Para we were trying to get into a local facility. The 6 "Top" rated SNF's declined her, the bottom rated SNF's accepted her (ALL ELSE EQUAL..Availability, insurance, etc). I have alot of detail and have submitted ADA and Fair Housing complaints with the state/Fed as its clear Disability Discrimination. Its very sad that these facilities (receiving state/fed funds) are so clearly cherry picking the easiest/least effort patients.

6 Comments

Mark, was there a bed available at the top names on the list? Usually for the top of the line nursing facilities there is a waiting list. I had my Dad's name on one list just in case the current facility wasn't to his liking. A room didn't become available for 6 months, and Dad was self-pay.

Another issue is if a person isn't self-pay but on Medicaid. Not all facilities will accept Medicaid.

My Dad was able to move into a really nice senior facility with only a month wait. And he liked it so much he didn't want to move anywhere else.
As mentioned, all else equal, so yes beds available and Medicare (she’s even self pay). Clear disability discrimination. Much is actually legally written about this (in admissions) but litigation costs of course and is lengthy so few are held accountable. I’m going to keep after them, even have an investigative reporter that may run the story.
A coworker is facing a 30 day eviction of his parents from a large national private pay memory care center and was upset since they told him they could stay through the end of life with hospice - seems dad had a couple of falls recently and needs more assistance
Markmil, I am glad you are looking into this and reporting possible discrimination to the proper authorities. My dad is in a wheelchair now and it's opened my eyes to a lot of things I never noticed before. Society definitely needs to keep becoming more and more accepting and accommodating of different levels of ability. Life is uncertain and any of us could find ourselves disabled at any time.

Keep up the good work!
Mark, I think partly what your family member has bumped into is the perverse incentives produced by some rating systems.

That's how the top SNF's keep on top. Their standards are excellent because they avoid anyone who might be a challenge.

But that's pretty much the same as going to a dry cleaner who's absolutely marvellous as long as your clothes don't need cleaning. Would your family member even *want* to be in the hands of people who are that pathetic? I'd be looking more closely at the "poor performers" and seeing what exactly they did poorly. I hope she'll find that actually, in some instances, it's the ratings that are measuring the wrong things.

But meanwhile, more power to your campaign. The law's the law. Let's see how they try to wriggle out of this one.
To a few of the comments, absolutely, the reason the SNF's have the highest ratings is they are providing the least care, while ironically having the higher Nursing/CNA to patient ratio's, etc. Having said that, after visiting ALL of them in the charlotte area, they are generally the nicest physical environments. Also to put a finer point on this, my initial question (insurance, availability, etc) is all 'passed' and its only after they ask and review her medical records they give the general "we don't feel we can provide the required medical assistance". Technically, it can be illegal to ask for the medical records, but its a catch 22. For folks really wanted to dig in, this article is great, at least for awareness. 
scholarship.law.nd.edu/cgi/viewcontent.cgi?referer=&httpsredir=1&article=1143&context=ndjlepp

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