Something like the spousal impoverishment law. My father entered a skilled nursing facility upon a hospital discharge for rehab before coming home. His health issues worsened and he had to remain in the facility with a medicaid pending status. The initial Medicaid application was made while he was at home by direction of his social worker who saw he needed far more home care.
Thankfully the Medicaid was granted, and I (disabled adult daughter/caregiver) was informed by the nursing facility Medicaid liaison I would definitely qualify for MMMNA in lieu of a spouse (we lost my mother 8 years ago) as my father is the primary income for our household and my disability began before the age of 22.
I'm now being told I by the nursing facility I have two options. Leave my father in the facility which will require all of his income paid to them. I do understand this, but was told we would be able to divert some of his income so I would not be left impoverished and be able to have our home to bring dad back to. I cannot keep the household going on only my disability income. Their other suggestion was to clear our belongings out of our home, which we only rent and do not own, and ask a friend or family member if I can move in with them. Our intention was always to bring him home, but due to caregiving for him my own health has deteriorated to the extent of needing two separate emergency operations on top of trying to deal with multiple sclerosis. I can barely take care of myself at this point and haven't been able to move forward with any surgery in trying to settle his care and financial issues first. Our hope was to get my health under control enough to bring him home and care for him as I have done for the last six years.
The nursing facility has set a discharge of my father due to non payment of patient liability. Non payment was due to me never being informed of the determined liability or any deductions, never able to apply for MMMNA or similar possible deductions. The first notice of any liability was a bill sent in late August for the months of July and August for an amount of a liability higher than my father's income. Our combined incomes are necessary to pay the monthly household bills. The facility will now not even speak about deductions for my father's liability amount, not even the personal needs allowance or insurance premiums required by law. The administrator was quite blunt in his feeling about MMMNA or any similar protections for family. That income could be diverted to me and I could "blow it" however I wanted. All I want is my father to receive proper care, to survive paying our bills while I regain enough of my own health in order to bring dad home. Instead I am facing becoming homeless or bringing him home and being unable to care for either of us. We have previously had home health aids for him thankfully, but it isn't enough anymore especially if I were recovering from surgery, he needs 24/7 monitoring, has had numerous falls and can do nothing on his own.
I just find it preposterous that if I were a spouse there would be no issue and there are also laws that would help if we owned our home, but there is nothing for any other family members who lived with and cared for the patient who goes into a facility. So many of us give up our lives, health, jobs to care for our loved ones and face these issues. And not for personal gain, I stand to inherit no home or savings, everything is depleted. It is done out of love and this is the result?
Any help, advice, suggestions would be greatly appreciated. I have researched and talked to everyone I can think of, but everything is a dead end or brick wall. I have not contacted an elder law attorney simply because I cannot afford to.