If my 90 year old mother goes to a nursing facility for rehab and they do not have a permanent bed to keep her can they discharge her?

Where I live rehab and LTC are in the same building. So moving someone from rehab to LTC is easy if a bed is open. I would talk to the Social Worker. Ask if Mom can be evaluated for LTC. If a LTC facility is not attached to the rehab ask for suggestions and check out the places.

If Mom has money then she will be private pay. A NH is going to be double the cost of an AL. Figure out how long her money will last. About 90 days before she runs out start the Medicaid process. You will need to spend down to what Medicaid allows, in my state 2k. Insurance policies that have cash value and not owned by a former employer, will need to be cashed in. You can use her money for a prepaid funeral. If you feel you need a lawyer to help with Medicaid, that can come out of Moms money. Since your Mom has no property, don't really think a lawyer will be necessary.

Just2Much, they can't just kick her out on the sidewalk! They will most likely try to put pressure (lots maybe?!) on you to take her... You have every right to refuse, resist, and they will be forced to find a solution themselves! As far as costs, as other(s) here have said, you can help if she needs to get qualified for Medicaid, but you very well might, in fact, need to go through an elder attorney (not cheap?!) if she has a source of income other than Social Security (as in a retirement annuity, etc.). If she has an income source which exceeds the Medicaid monthly allowable income, a special bank situation ("Income Trust Account") might be necessary, and set up through the attorney, and her income then would go into the pie to pay her NH fees... Just know you can not be forced to take her in, and should not feel guilty if can't.

They may threaten you with kicking her out. You need to stand up to them. Do they want you to bring her home? Tell them she requires more help than you can provide. Call Adult Protective Services.

I'm thinking that by reporting them is in order but the possible repercussions of that might possibly be bad for your mother , I didn't think it possible to refuse care . Most facilities would give care until private funds were exhausted then Medicade would take over. All hospitals have social workers that will suggest a facility according to the needs of the patient. They also will generally help with the filing of Medicade assistance

Tell them you want long term care. Begin that process. I know at my facility if someone wanted long term care and we didn't have a bed for them, we would tell them they had to find another place. But if they never found a place, their loved one would just stay until a bed opened up. We did not put people out. Hopefully it is the same in New York. I am in Maryland.