My mother fell again at the memory care facility we pay a huge amount of money out of pocket for monthly . She was sent to the hospital, She has no injuries from the fall. At the rehab facility I never see her getting "rehab." I am told they are only required to offer it 5 days out of 7 maybe for 15 minutes, and if someone is absent, then is none provided. All of the other hours of the day & night...23 hours she is put in a wheelchair next to the counter at the nurse's station because she will get up herself if put in a room alone. She got more "rehab" at the memory care facility where THREE times a day, using a walker, she walked to meals and back. She can walk but now sits for 23 + hours. I want her back in memory care . where she gets far more service. I feel the memory care makes out on keeping her in "rehab." We continue to pay the $13,000 per month and they save on money by not providing any services, care manager, meals, etc. She can get more "rehab" at memory care where PT/OT comes to her room. Can the memory care facility continue to deny her re-entry? It seems cruel and unusual punishment to keep my mother in a wheelchair, thereby losing her ability to walk,
Are they saying no matter what, they are not taking Mom back? Or, that she needs to be able to do certain things before they will take her back? If the latter, then you need to talk to the physical therapist and ask if Mom will reach that goal. Her Dementia probably hinders her. It did my Mom. She could not remember her exercises day to day or follow the instructions. She was released in 18 days.
Your Mom may need to be placed in a Long-term care facility. Then she can go on Medicaid.
The memory care facility is your mother's legal residence. Her $13K a month bill is getting paid so they can't refuse her back. Please call your state's Ombudsman's Office and tell them what's going on. Then talk to an attorney who specializes in elder law. They almost always handle nursing home neglect and abuse too. The first consultation is usually free and it can't hurt to have a meeting with one and see if there's any legal way you can get satisfaction.
I know that in my state it is illegal for a nursing home or memory care to charge full price for a resident who isn't there. If someone is in the hospital or rehab the NH or MC or AL they officially live in is not permmitted to charge the full amount just to hold their bed.
Talk to a lawyer because this may be illegal in your state too. The memory care may not only have to take your mother back, they very well may also have to refund some money as well.
When my LO’s were in assisted living they had to be able to walk a certain amount of feet with a walker in rehab before they would allow them to return .,
Have you looked into moving her to a different rehab?
To answer your question , in my experience AL, MC can refuse someone returning .
So either a different rehab , and/or look for a different memory care .
The fact that she had no injury from her fall , yet was sent to rehab rather than right back to MC , means they felt she was walking poorly before the fall .
Then the required 75 , 100 , or 150 feet ( which ever that facility requires ) walking distance becomes the determination whether they are allowed back . When whatever the set criteria is not met you are faced with finding another facility , possibly SNF .
Assisted living facilities are different. The one I worked at also insisted that a resident be able to walk. Using a cane or walker was fine, but no wheelchairs. Being in diapers and no longer using a toilet wasn't allowed either.
Wheelchairs and diapers are par for the course in memory care and a nursing home. These are not reasons for a NH or MC to refuse letting a resident back in. The OP needs to talk to the Ombudsman and a lawyer.