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My father has been in rehab in horrible conditions and the facility is treating him poorly. I have been calling them non-stop to find out details, and the social worker gives me attitude every time I speak with her. I have complained to the state, but I need to know if there is anything I can do to get my father out of there immediately and into his new facility. He is rapidly declining and I fear he won't recover. I have spoken to the local ombudsman, but is there someone else I can call?

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This might sound strange but when that happened to my Dad I literally sat at their front desk and said I wasn’t leaving until they released him. I brought a snack and just sat there, ate, looked around, read a magazine, told anyone who came in that they wouldn’t release my father. He got out that day!
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Walk yourself in there and take him out! This facility has no legal right to hold him there! Ignore any threats made - nothing will happen. The same thing happened to my mother. Do it now!
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Call an attorney promptly
Get clear on your legal position
Then take action & get your father out
The rehab doesn’t care for your father, they care about the money his occupancy is bringing in
Get their refusal in writing. All business in writing
You may have a case to sue the center
Bless you for caring for & about what happens to your father
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This happened to my mom and they told me that I couldn't take her. Well we went off on this facility and told them that the Dr and the facility was fired and that we wanted her meds also. I was not alone, there were 4 of us there insisting they were fired. They fought us at first but finally gave us her meds, feeding tube supplies and even a stand to hook up feeding machine. They acted like it was illegal what we were doing but they still let us do it. I did bring back their feeding tube stand after home health brought our supplies and they were there same day we called them. I don't know if what we did was legal but we got her out in less than 2 hrs. My husband is a retired EMT and he insisted that they couldn't keep her so we fought back. None of us at the moment had POA but we do now!
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I had simular problems with my wife in rehab.In my case I made a firm commitment with the social worker she had to go home.If you are the execturer and have his health proxy I would think you should be able to do it.
If not search out a good elder attorney
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Absolutely! Write a short letter to both the facility and the attending physician briefly explaining your desire to move your father to an alternative facility. If dad has an out of facility primary doctor, call that one and THAT one can give the 'order' for your dad to be moved... immediately... to alternate facility of choice.
Then notify the dept of aging and disability of your struggle. The facility can only insist one stay if one will be in danger if one leaves. An alternate facility is not 'in danger'.
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Document your concerns in an email to the director of the facility. If you have or can get a lawyer who specializes in elder care, copy the lawyer on your email. Who has POA? The facility has no right to keep him there against the family’s will - especially if the care is poor. Tell the facility manager you intend to contact Medicare Office of Inspector General (Medicare OIG) to refer the matter for investigation of the conditions for all residents. Make sure you have a viable well thought out plan BEFORE you pull the trigger on any of this. Chances are they will be happy to see you leave. You want to make sure you are ready with other arrangements.

IMO, the “rehab” industry operated by Skilled Nursing Facilities is one of the biggest scams going. It is based on a triangle of fraud between hospitals, SNFs and PT contractors. Many SNFs “hold” a portion of their rooms for rehab patients because they make a lot of profit from the Medicare payments rather than Medicaid residents or even private pay. That is why most of them try to hang on to patients for the full 90 days even if they are doing nothing to improve the patients condition. It is not unusual for the patient to see very little of the PT people during their stay. But no one is minding the farm and the PT invoices are often inflated. Most of the time the patient is in a bed or chair totally neglected and receives little to nothing in terms of PT. Also, No one monitors nutrition at most of these facilities. A tray is brought in and left and then picked up with no regard to what was eaten or not. It is simply a money-maker that takes advantage of vulnerable people and their families who are left in the dark for the most part. It is not unusual for them to charge $400.00 a day or more! Think about what kind of hotel you could book for that amount! I know it is not a hotel - but it is not what it purports to be either! It will take civil and criminal prosecutions of these folks for neglect, abuse and fraud to make anything change.

Moral of the story? When a loved one is hospitalized and needs follow-up rehab care, think twice about agreeing to a rehab facility. Unless you know the facility provides good care, you are better off taking the patient home and taking advantage of home healthcare provided by Medicare for a set period of time.
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john1947 Jan 2022
Thanks
I went through exactly what you reported.now I'm going through getting her dementia dx.same md attitude I'm the problem not dementia
Why neurology such a mess.?
Ps I've cared for my pd 6 yrs now.doing great wife is my biggest concern
Llittle help
THanks
Jjohn
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Kmi7688: I am glad to read that you have resolved your issue.
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When my 96 yr old mother was discharged from the hospital/hip replacement she and I chose a nursing home near her residence for her rehab. It was less than 5 blocks from her home and she had volunteered there in the past. The food was inedible, she was wheelchair bound for 30 or more minutes in the common room before each meal and was irate when told she had to use a bedpan even though the bathroom was 8 steps away. One time she was assisted to the bathroom but was left there for over an hour. I discovered the "rehab" consisted of using a walker only 45 minutes twice a week because only one person was allowed to assist her. Called her surgeon who said she could walk whenever she wanted. I requested her release and was denied. I told the house doctor who had seen her once in two weeks that I would just sign her out for a home visit and not return her. He said I couldn't do that and I replied "watch me!". He signed the release within the hour and I took her home.
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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.
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I would call Adult Protective Services who can step in and see what is going on. While this may be extreme, call your local senator and assemblyman (Library can give you their phone numbers). You are a constituent and they are required to help people and do - with good results. Also, call the governor's office in your state and get the number of the highest level of someone you can call who takes care of the elderly - far higher level than an ombudsman. They can help too. And can you find an eldercare attorney to talk to? Something is not right.
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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!
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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.
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Go to the facility where you want him to be and ask if they can transfer him. Or, if you can find a reason to have him sent back to a hospital, do that. Then he will be released to whatever facility you have picked out.

Call Ombudsman's office and report the problems you have tried to bring to the attention of current facility staff and they will get investigation started for you.

I will tell you, from experience, if you complain it is very likely they are going to note in his records that he is not making progress, refusing rehab plans, or (falsely) saying he has made progress and leveled out, and release him based on they've done all they can for him. A rehab cannot refuse to let a patient out.
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Years ago I had a similar situation. Mom had an accident and fractured 2 vertebrae. The folks at the facility had no idea and pulled her upright by her arms to get her up to use restroom. She told me she cried out for help for 2 hours and no one came with her medication so she missed important meds. I literally put her in a facility wheelchair and wheeled her out of there and to my car. The staff had no clue what they were doing and no one even asked what we were up to. I took her home and went back to the facility to have it out with them but they didn't care. I wrote a few letters to complain and never heard back. Needless to say she got better at home.
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FamilyNeeded Jan 2022
You probably saved her life!!! Thank God you got her out!!! These places are killing people.

These facilities need to be shut down and charged for their criminal neglect and abuse. I hope there will be class action law suits against them!
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Speak to his case manager or the person coordinating his arrival at the new facility and ask them if they can help. You may also want to get connected to his doctor and a local social worker who can advise.
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You have the right to remove them unless someone has guardianship . Report this place to Medicare at least it goes on record . I wasn’t impressed with too many of these places - in fact they were rather shocking . Easy to transport someone to rehab from a hospital - what most people don’t know they are nursing homes . Ask your local senior center suggestions . Go on YELP - propublica will list complaints to Medicare and you will see consistent patterns of abuse . Do your homework before you let a loved one randomly end up doing rehab in a awful place . Some places are good look for those .
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Sorry to hear what you have gone through with that nursing home. Did you reach out to your state Division of Health Care Facility Licensure & Certification Intake Unit? Did you complain to them? Heard you finally got your father out, so happy for you and your father. You need to still get an attorney and sue that nursing home. There are others that are still there suffering in their hands.
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Who has POA? I see that the situation has already been handled (below.)
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Sennytrae Jan 2022
Power of attorney
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Call a lawyer that specializes in elder care in the local area. The facility can not keep your loved one hostage.
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Ha. The facility that had me wanted to keep me too! I AMA myself outta there. Now when I worked sometimes we wanted to transfer nicu baby and I had some issues if the child wasn't stable enough to transport. Plus you can't transfer medical patients from facility to facility via car or taxi it's usually gotta be non emergency medical transport for liability reasons. Hope this helps
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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.
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GAinPA Jan 2022
Long term care insurance is something you buy LONG before you need it. It is not something you buy to cover a current situation
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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.
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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.
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ROBERT123123 Jan 2022
None of them has lost their licensing from what I heard. They protect themselves.
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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.
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SavingMom2014 Jan 2022
I’m glad you got him moved to a better facility! Sorry I just saw your post. I would have said the same thing as I was involved in a similar situation. I called an ambulance, had them take my dad to a hospital to be checked thoroughly, had his health documented, then taken to a new facility. Not sure what state you live in, but you can file suit against previous place for abuse. Of course they will settle bc they don’t want their reputation ruined. With that money we hired a private duty nurse to be with him 24 hours a day while at the new facility to ensure he was taken care of properly when we weren’t there
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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.
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Who has power of attorney for him? If someone has it, I can't imagine they can legally prevent him from being taken out of there.
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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?
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Is he ambulatory? Would it be possible to just arrange transport and get it done, then work through the details later? (but make sure there wouldn't be financial implications before doing this)
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