Current Rehab Facility will not release my dad even though we have another place for him to be at to get better care. What can I do?

Thank you everyone for your advice. I have my dad's POA and HCP, and had a new place set up for my dad. I decided to go to see my dad, and ended up speaking with the administrator. When I then saw the SW berating my father, I signed my father out AMA and the new place arranged for the paperwork to be filled out by my dad's doctor instead of the rehab doctor. He could not move into his new place for a few days, so I took my dad home, but I could not let my father stay in that place any longer. He was being emotionally and mentally abused, held in unsafe conditions, and was even told by other people my dad should not be in that facility anymore, that he was regressing.

Don't forget to file complaints against this facility. It won't help your dad but, it helps others. That's the only way these places will make changes. They can actually lose their licensing if enough patients and families say, not on my watch.

Yes, you need to report the facility to Medicare where they get their funding from. Rehabs and NHs are not prisons and you had every right to transfer Dad.

In case members do not know this, you can turn down Rehab. You can turn down the places they suggest. I live in a small area. We have 3 NHs within 10 miles of my home. All owned by the same people but run differently. One, I definitely would not send a LO to or me. The second one, I'd rather not, but in a pinch and rehab only maybe. The 3rd, I had my Mom in. This one I would do rehab.

The OP has already resolved this situation, thankfully. But if anyone finds themselves in such a situation in the future, go GET your parent OUT of the rehab SNF yourself. Check them out or just leave via the front door. You don't need 'permission' to take a loved one out of rehab, even if it's against medical advice *AMA* Our loved ones have a right to go to a different SNF for rehab if they (or we as their POA) so desire.

My mother went to a terrible SNF for rehab in May of 2019 and I was livid. So I called & visited a different rehab which was top notch and they said sure, they'd be happy to take here there. They got authorization from Medicare to have her transferred, and that's what happened b/c that's all you need: authorization from Medicare that they will foot the bill at the new rehab SNF. The new rehab SNF even sent the transport bus over to get her. The old rehab SNF had NO SAY in any of it; I informed them of their sub-par care and lack of PT, etc, and that I was reporting them to Medicare and would be leaving them a bad Google review, which I did. To date, that review has received 50 'helpful' votes so I hope I've saved others the agony of sending their loved one there for rehab, if nothing else.

Yes, there are sub-par SNFs out there and yes, there are great SNFs out there too. It's up to us to do our homework FIRST, like I did NOT do, so we don't find out too late that our loved one was sent to a bad SNF for rehab! The one I wanted was full, so I chose the second one, sight unseen, which was a mistake.

KMI, this is what I did.   When a rehab facility at which I interviewed and "inspected" turned out to be horrible (lost my father's chart, provided old food to the patients, put 3 people in a room, failed to give him his required cardiac regimen), I contacted the doctor who scripted for rehab when Dad was in the hospital.  One of the PAs suggested I get a subscription for continued rehab)from the doctor, just to be on the safe side.   He supported the transfer, wholeheartedly.

He arranged for, and I picked up (next day) the letter authorizing continuation of PT, but at another rehab facility   I presented it to the Admin or someone at that level at the unsatisfactory place, and advised I would be moving my father ASAP.  

The facility did arrange for ambulance transfer, which was helpful, but one of the drivers was rude and obnoxious and told me that the place I had selected was a bad place.  When I showed him the plaster-like "fish" that had been served to Dad and others, he just shrugged.

He did complete the transit, complaining about the new facility, in a totally unprofessional manner for anyone driving an ambulance.  And he sped all the way over there, as well as taking an especially indirect, long route.  

Medicare never raised the issue.  It wasn't a problem.

So, get a letter from the doctor who scripted for the PT; make your own ambulance transit arrangements if you have to, and advise the current facility's admin staff that you're moving your father.  If it helps, reread the admission documents and see if you have to give written notice (might be a good idea anyway).

Best of luck; I know how frustrating this can be.  However, I think the SW is B'S'ing and manipulating you.   Ignore her and go directly to the administrator when you have your arrangements in place.

(BTW, I never had to use any authority under existing Dad's existing POA.). The doctor knew me as I had treated with him, and accompanied Dad on all his visits.

This is the reason I hate nursing homes, hospices and rehab hell places. After a year they consider the resident their property literally. They call it ward and they will not release them back to their families. People have been so passive about this issue they let it go and contrary to what some readers here say making complaints against them, although it would not hurt, it will not help you. Get a lawyer as soon as possible and sue them. All these places love to advertise so they can take your insurance money and they are the worst. They have ties with corrupted politicians and agencies, forget about the health department. It is a mafia out there interested in taking only your insurance money. Only a fool would put their family in these places. I know hospitals put a lot of pressure on the families to do that. They are also part of the problem.They probably get a commission The health care system in this country is a mess. It is becoming corrupted. Until people wake up this problem will continue. If the fools out there do not believe that this is happening they will believe it when their time comes and they have to deal with this very issue. Get people to help you at home with your loved ones. Life insurance companies offer long term care where they assign you someone to be with your loved one at home. I know that when I get old this is what I will want. I do not want to be under the " care " of these insensitive people out there. Stop feeding these lizzards with your money. These places do not care about their residents no matter what they say.

KMI,  I'm so glad you were able to move your father, after seeing a live demonstration of the social worker's misbehavior and badgering, not to mention degrading to the profession, the facility and to others.

I think you have a right to complain, in writing, to the facility's administration.   I don't know if SW's have to be members of any particular professional association; perhaps someone else can answer that question.  If so, I'd file a complaint with the professional group.

And of course, there's the nursing home which allowed and apparently tolerated the SW's abuse.   Go for the administration's leadership.  Research it and determine if it's part of a chain; I found that many are in fact locally owned and franchised.  If so, research online to find the franchisor (the owner of the chain of facilities) and complain directly to the owners and upper management.  That's the business angle.

There's also the criminal angle.  As already suggested, report the abuse, to Medicare (the abuse may affect the funds Medicare provides and thus the stability of the company itself), the State, and the local police.   You might also inquire of the state police if there's an abuse task force in existence.  Several years when I reported a medical issue I learned that our state police had established a task force for addressing elder abuse.

I hope everything works out well for in the few days, and that you have the support of your father's medical team in this new facility, and that your father is able to reverse the downward trend and improve.  

And kudos to you for getting him out of there STAT.     I hope that you and your father are able to look forward to a more positive future.  Best wishes to you both.

If you are able to ...go over there and take him out yourself! They act like they own people ...they do NOT! You may be able to file charges against them for neglect and abuse!

I would contact your local elected officials. They often have staff dedicated to elder issues.

Also call the hospital that recommebded thus rehab and detail the conditions for them.

Consider if calling 911 and removing dad to the hospital and the new rehab might be a tactic.

Is there any COVID involved? Do you have a new place set up? If so, see if their Administrator or SW can call and ask the reason why they are not willing to discharge him. You will be responsible for transporting him and it may have to be by a paid transport and not u personally. When my Mom was in a NH she was taken to ER and released to me. The NH was not far down the road so I took her only to find that the NH would not take her back unless it was by transport. It was 11pm at night and the transport was going to take an hour sitting in the waiting room. We took her back to ER and were not allowed in the patient area because Mom was discharged. The discharge person asked the NH to please make an exception because of the lateness. They did but made it clear, I could not transport again.

Do you have POA?