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His 100 days of Medicare is expiring for coverage in a skilled nursing facility but his wound has not has not healed requiring more time in a skilled nursing facility. Who is financially responsible for the extended care. Does the hospital or skilled nursing facility have any financially responsibility.

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Good idea, Angelkw, if this is possible. There should be many more in-home options with professional visits. It would save time and stress for all. Otherwise, as Pam suggested, see what the nursing home admin people can suggest. Likely that will be private pay until he qualifies for Medicaid.
Good luck,
Carol
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Even if you could prove without a doubt that he got the infection in the hospital, you still can't sue...as your intake papers that were signed on admission provide the hospital protection...they warn you that you could get an infection and your signature accepting care means that you accept this risk and will not sue.

As pam says above, you can apply for Medicaid, but there may be another option. You said that the primary reason that he needs extended care is an open wound. Would his doctor agree to sending him home, with a prescription for a visiting nurse to tend to his wound daily for a set amount of time? Say another 6 weeks? Or is this a wound that is so bad that you think sending him home, even with nursing care, would not be a good idea?

Angel
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Do you mean MRSA? (methicillin resistant staphylococcus aureus)? First you would have to prove where he got it and then sue them. You don't seem to know for sure how he got it. Right now you have to either private pay or have him go on Medicaid. The facility will assist you with the Medicaid application.
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The answer is no---the hospital/nursing home does not have any financial responsibility for the infection.

If the wound hasn't healed, the doctor can order an extended rehab stay as a medical necessity & submit it to Medicare. Otherwise, he can go home with home nursing visits, physical therapy, wound care visits, IV antibiotics, etc. Medicare/secondary insurance pays for that. Nurses actually come to the home & administer IV antibiotics for MRSA. I know this because that's what I do.

Extended course of intravenous Vancomycin is generally the antibiotic used for MRSA, not Levaquin. In fact, Levaquin is not recommended at all because they think it contributed to the resistant bacteria that causes MRSA. There is no such thing as "close to MRSA". You either have it or you don't. If Levaquin got rid of the infection, you didn't have MRSA. Levaquin is very rarely given intravenously---it is usually taken as a pill and it is not effective against MRSA.
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100 days is the maximum for every person. You did not say if he is able to dress himself or even walk. Did he have MRSA before admission to rehab? Those infections can also be acquired in the community especially if he has diabetes or poor circulation. Wounds may take a very long to heal. We heal best when we are healthy and can even fight off some of those resistant bacteria which we come in contact with every day of our lives.
Pay attention if staff tell you that someone has to be with him all the time and then determine if he can come home with care, with you or to a SNF.
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Ask the business office about Medicare Lifetime Reserve Days and see if he meets the criteria and if it works for his needs. Also ask the social worker if he could qualify for long-term Medicaid. If yes, apply now!
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Djnigh: You got the name of the tremendously bad infection incorrect. It is called MRSA and your dad is going to require a powerful antibiotic to get rid of it called, Levaquin.
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Or Vancomycin perhaps
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Levaquin is what I was dosed with when I had close to MRSA.
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I don't recommend he go home before the MRSA clears up even with the VNA. MRSA is extremely tricky to get rid of.
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