My mom is being discharged from her nursing home by the Executive Director, what can I do?

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My mother is in a NH and has been for about 2yr. She has had Alz. for 18 years. Can't walk, can't talk, can't feed herself, caneven take a drink by herself. I go to feed her twice a day. At each meal besides the meal I give her buttermilk, cranberry juice, a mighty shake/ensure and lots of water. She has been in hosp. many times for UTI and dehydration that is the reason I go to feed her. The other day I told the manager on duty to please come to my mom's room because it had a terrible smell of sewer gas, you could also smell it in the hallway, not the first time. Last the Ex. Dir. took me into her office and told me she was going to give mymo a 30 day discharge because I did this. I found out the other day that she was mad at me for also calling the Health Dept. because this is an ongoing prob. My question is, I am my mothers legal guardian, did I not have the right to bring this to her attention and call the Health Dept since sewer gas/methane gas can be fatal? On that day my mom's O2 level was 91. Another family member across the hall from my mother also mentioned the smell but they "have Money" and nothing was said to them. My mother has done nothing wrong, I am HER VOICE and this is the second time I have been called into the Ex. Dir. office, the other time was because a CNA slammed my mothers head against the headboard and I said something to the CNA, also they didn't give my mother her IV antibiotic as prescribed in Oct. I like the facility, it is a very nice facility, clean, and the nurses and CNA's love my mother and can communicate with my mom, (she has her own language). It would be very hard on my mom to move her. I think this Ex. Dir. just doesn't like me because I stand up for my mother, she even made a comment in the meeting that Iwas the unhappy one. She also said your mother was in the momory care unit for some time before being moved to skilled nursing...NO SHE WASN'T! Tells me al little about what she knows about her residents. This Ex. Dir. never comes out and socializes with the residents or visits with them, maybe that's not her job but I have seen her sweeping the carpet seems to me getting to know her residents would make more sense. Should I cpntact my attorney? The Ombudsman was also in this meeting, had no idea there was going to be a meeting, went in to feed my mother, which I didn't get to do. I know this is long but I like the care and treatment my mother gets there I really think the Ex. Dir. just has it in for me. Thanks

Answers 1 to 4 of 4
Check your state's laws on nursing home discharge and federal Medicare laws. For example, this site gives info for California and includes this section:

Does your mother qualify finacially for legal aide services? If yes, contact them to see if they will represent her. I've experienced this is nursing home and rehab facilities, when the family member complains, they do retailiate. In the future, you can call in complaints anonymously to the state agency that oversees nursing homes. The Ombudsman should assist in this matter but sometimes they don't want to stick their necks out, at least in my state b/c their funding comes from the state which also funds the agency that is supposed to monitor these places. They all work hand and glove. That's why we need attorneys who do file suits against nursing homes for neglect/abuse b/c this is sometimes the family and patient's only recourse.

Facilities also attempt to evict residents when a family member has filed a complaint with the state. State law forbids a nursing home from evicting a resident because someone has filed a complaint on the resident’s behalf. Any attempt to do so within 180 days of the complaint will be presumed as retaliation or discrimination (California Health & Safety Code 1432).
Thanks you, I will check the laws in Indiana. I have a wonderful attorney that represents me and my mother. Also this is a Not-for -profit NH don't know if that makes a dif. Seems like things are getting kind of weird at the NH lately the Ex. Dir. has been there the last few days and actually helping out in the dining room.
Each state has a regulatory agency that oversees all nursing homes - call them and ask them what you should do. This NH can't discharge your mom without being CERTAIN they are sending her to another that can handle her care. Be advised - I've heard of several nursing homes that send a resident to the hospital claiming some emergency THEN call you and say they had to give away her bed. Be sure that they MUST give you a specific # of days notice should something like this happen.

I too am my Mom's advocate and a fierce one at that - you must ask them - what if this were YOUR mom - that always huts them right up. Best of luck to you.
Thanks to all. I did read the article in the Indy Star, actually saved it to comp. That may be part of their "new" behavior, they even called this morning and ask if I wanted my mom to go to church at the facility. Everyone is just being "too" kind but then again on Jan. 11 they are having a meeting where everyone concerned can talk to the Company people about their concerns.

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