UNDERSTANDING AND MANAGING
NURSING HOME DISCHARGE ISSUES
Sixty five percent of the of our loved ones residing in nursing homes are Medi-Cal recipients, with their monthly charges being paid for by California and the Federal Government.
More often than not there are Discharge Issues. You should be aware of Improper Discharges.
There are only six lawful reasons for discharge:
- Health has improved sufficiently and services and facility not needed
- It is necessary for the patient’s welfare and his or her needs cannot be met
- The health of others would be endangered
- The safety of others would be endangered
- Failure to pay
- The facility ceases to operate
Improper and illegal reasons to discharge:
- Discharge not adequately documented
- “We do not have any ‘custodial beds’
- Medicare will not pay
- Most cases of Advanced Dementia
- Wondering around the facility
You need your loved one’s rights and demand a written “Proper Discharge Plan.” developed with the family. Understanding your rights including seven day bed hold, Notice requirements and readmission is critical to your loved ones’ wellbeing.
Eligibility for Medi-Cal is determined by need. Certain types of property are exempt and, if a person’s remaining resources are still too high for eligibility, it may be possible to “spend down” the resources or convert them into exempt resources.