Is nursing home required by law to make sure my dad has a safe place to go before discharge?

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T

traccoop Asked March 2019

Is nursing home required by law to make sure my dad has a safe place to go before discharge?

Medicaid has denied coverage for my dad due to his health not being significant enough to require nursing home level care. We have appealed this twice, the nursing home has given notice that he has to leave. However, he lives in Arkansas and there is a huge waiting list for any level of care he would most likely qualify for and there are not any apartments that we can find that are fit for handicap. He is in a power chair and needs a level of care that requires he not live alone. When my sister and I told the representative at the nursing home that we have not been able to find any place for him to go they just repeated that he has to go. Can they just throw him out on the street? My sister that lives in Arkansas has health issues of her own and is not physically able nor does she have a bedroom for him.

Elder Law Hospital Discharge Paying for Care

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score 1 · Answer 1

I know what an ombudsman is and does but many people do not. So please give full information here as to what an ombudsman is and does and how to talk to one. Too many people have no idea about things like this. And do not accept him into your home as once you do, everything will fall on your shoulders. If all else fails, even with a doctor's help, try contacting your state representative or senator as often they can help.

Helpful Answer (1)

Why don’t you give full information on what an ombudsmen does, if you know?

(1)

score 1 · Answer 2

You should contact the Ombudsman.

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score 0 · Answer 3

If he has family, they can send him there. Otherwise without assets, they could send him to a homeless shelter.

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score 1 · Answer 4

If it does come to them trying to kick him out in the street, call every TV station and newspaper. And they CAN NOT force your sister to take him in.

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score 5 · Answer 5

Federal Law requires long-term care facilities when they discharge a resident that they must discharge to a safe environment. The can NOT just dump them out.

The home may charge the resident to keep them until a safe place can be found but they must have a safe place for them to go.

If they are trying to discharge him to an unsafe place call your local Long-Term care Ombudsman Office, they will be able to help you at no cost.

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score 0 · Answer 6

Does he have an HMO such as Molina,kaiser? HMO are Good for saying no..if you can..which you should be able to do..go straight medi-cal. When HMO was implimented in 2014 i knew there would be Problems. Now is a Good time for him to be placed because it is easier After Three day Stay at a Hospital. Tell them it is Not Safe for him to return home. Safety is of most importance. Also..APS was very helpful..once they we're forced to do something in CA. also the Hospital Social Worker should be able to assist. Also..Why they wont take medi-cal patients...Money. Reimbursement rate pays them higher for a Skills need. It is a shame! If he has a skilled Need..he can go to a SNF for a Short while..around 90 days.
Angela

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This comment does not address the original question.
In addition, it is not a good idea to post a phone number here.
You should probably delete this post.

(0)

score 4 · Answer 7

The issue here is that you say your father doesn't require nursing home level of care. You need to find a doctor that will certify what level of care your father does require and take it from there.

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score 1 · Answer 8

despite all the computerized technology, health care in America is garbage. I heard of hospitals throwing patients out on the street--called patient dumping.
Google it.

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score 2 · Answer 9

Thanks. I think you have your answer because of the contract

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score 3 · Answer 10

Depending on the State One lives In, They can leave him There Somewhere until he is Ready or is Qualified to Go..Talk to the Social Worker in that facility ASAP!!!

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score 7 · Answer 11

APS is probably going to be your best bet for assistance. At least in TN, APS has a separate budget where the only qualification is an APS social worker determines the elder is at risk and needs immediate care. After the elder is safe, APS works with Area Agency on Aging social workers to find a long term placement.

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score 4 · Answer 12

Please keep us updated. I hope your sister doesn't end up being "forced" to take him in!

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score 1 · Answer 13

What does the contract say?

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I live in another state, but my sister, that lives there says it doesn't say anything about them having to secure a safe place for him to go to. My sister is exhausting herself trying to find him a place to go but every place has a months, if not years, waiting list.

(2)

score 8 · Answer 14

Call Adult Protection Services and run this by them. Also, your State Ombudsman.

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I have left a message with the ombudsman yesterday. I plan on giving her until noon and then will call again. Being that I live in another state and therefore not as familiar with the state laws is frustrating. We are running out of time and everyone my sister, who lives there, says they can kick him out in the street but that just doesn't seem right. I will call APS Monday. Thank you for the advise.

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Is nursing home required by law to make sure my dad has a safe place to go before discharge?

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