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Jonathan Tobin: Defending the Right to a Jewish State

Heather Hale: Compliment your kids without giving them big heads

Megan Shauri: 10 ways you are ruining your own happiness

Carolyn Bigda: 8 Best Dividend Stocks for 2015

Kiplinger's Personal Finance editors: 7 Things You Didn't Know About Paying Off Student Loans

Samantha Olson: The Crucial Mistake 55% Of Parents Are Making At Their Baby's Bedtime

Densie Well, Ph.D., R.D. Open your eyes to yellow vegetables

The Kosher Gourmet by Megan Gordon With its colorful cache of purples and oranges and reds, COLLARD GREEN SLAW is a marvelous mood booster --- not to mention just downright delish
April 18, 2014

Rabbi Yonason Goldson: Clarifying one of the greatest philosophical conundrums in theology

Caroline B. Glick: The disappearance of US will

Megan Wallgren: 10 things I've learned from my teenagers

Lizette Borreli: Green Tea Boosts Brain Power, May Help Treat Dementia

John Ericson: Trying hard to be 'positive' but never succeeding? Blame Your Brain

The Kosher Gourmet by Julie Rothman Almondy, flourless torta del re (Italian king's cake), has royal roots, is simple to make, . . . but devour it because it's simply delicious

April 14, 2014

Rabbi Dr Naftali Brawer: Passover frees us from the tyranny of time

Greg Crosby: Passing Over Religion

Eric Schulzke: First degree: How America really recovered from a murder epidemic

Georgia Lee: When love is not enough: Teaching your kids about the realities of adult relationships

Cameron Huddleston: Freebies for Your Lawn and Garden

Gordon Pape: How you can tell if your financial adviser is setting you up for potential ruin

Dana Dovey: Up to 500,000 people die each year from hepatitis C-related liver disease. New Treatment Has Over 90% Success Rate

Justin Caba: Eating Watermelon Can Help Control High Blood Pressure

The Kosher Gourmet by Joshua E. London and Lou Marmon Don't dare pass over these Pesach picks for Manischewitz!

April 11, 2014

Rabbi Hillel Goldberg: Silence is much more than golden

Caroline B. Glick: Forgetting freedom at Passover

Susan Swann: How to value a child for who he is, not just what he does

Cameron Huddleston: 7 Financial Tasks You Should Tackle Right Now

Sandra Block and Lisa Gerstner: How to Profit From Your Passion

Susan Scutti: A Simple Blood Test Might Soon Diagnose Cancer

Chris Weller: Have A Slow Metabolism? Let Science Speed It Up For You

The Kosher Gourmet by Diane Rossen Worthington Whitefish Terrine: A French take on gefilte fish

April 9, 2014

Jonathan Tobin: Why Did Kerry Lie About Israeli Blame?

Samuel G. Freedman: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Jessica Ivins: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Kim Giles: Asking for help is not weakness

Kathy Kristof and Barbara Hoch Marcus: 7 Great Growth Israeli Stocks

Matthew Mientka: How Beans, Peas, And Chickpeas Cleanse Bad Cholesterol and Lowers Risk of Heart Disease

Sabrina Bachai: 5 At-Home Treatments For Headaches

The Kosher Gourmet by Daniel Neman Have yourself a matzo ball: The secrets bubby never told you and recipes she could have never imagined

April 8, 2014

Lori Nawyn: At Your Wit's End and Back: Finding Peace

Susan B. Garland and Rachel L. Sheedy: Strategies Married Couples Can Use to Boost Benefits

David Muhlbaum: Smart Tax Deductions Non-Itemizers Can Claim

Jill Weisenberger, M.S., R.D.N., C.D.E : Before You Lose Your Mental Edge

Dana Dovey: Coffee Drinkers Rejoice! Your Cup Of Joe Can Prevent Death From Liver Disease

Chris Weller: Electric 'Thinking Cap' Puts Your Brain Power Into High Gear

The Kosher Gourmet by Marlene Parrish A gift of hazelnuts keeps giving --- for a variety of nutty recipes: Entree, side, soup, dessert

April 4, 2014

Rabbi David Gutterman: The Word for Nothing Means Everything

Charles Krauthammer: Kerry's folly, Chapter 3

Amy Peterson: A life of love: How to build lasting relationships with your children

John Ericson: Older Women: Save Your Heart, Prevent Stroke Don't Drink Diet

John Ericson: Why 50 million Americans will still have spring allergies after taking meds

Cameron Huddleston: Best and Worst Buys of April 2014

Stacy Rapacon: Great Mutual Funds for Young Investors

Sarah Boesveld: Teacher keeps promise to mail thousands of former students letters written by their past selves

The Kosher Gourmet by Sharon Thompson Anyone can make a salad, you say. But can they make a great salad? (SECRETS, TESTED TECHNIQUES + 4 RECIPES, INCLUDING DRESSINGS)

April 2, 2014

Paul Greenberg: Death and joy in the spring

Dan Barry: Should South Carolina Jews be forced to maintain this chimney built by Germans serving the Nazis?

Mayra Bitsko: Save me! An alien took over my child's personality

Frank Clayton: Get happy: 20 scientifically proven happiness activities

Susan Scutti: It's Genetic! Obesity and the 'Carb Breakdown' Gene

Lecia Bushak: Why Hand Sanitizer May Actually Harm Your Health

Stacy Rapacon: Great Funds You Can Own for $500 or Less

Cameron Huddleston: 7 Ways to Save on Home Decor

The Kosher Gourmet by Steve Petusevsky Exploring ingredients as edible-stuffed containers (TWO RECIPES + TIPS & TECHINQUES)

Jewish World Review Jan. 29, 2007 / 10 Shevat, 5767

The rights of “high risk” older patients

By Jan L. Warner & Jan Collins


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http://www.JewishWorldReview.com | Q: Our mother, who suffers from moderate Alzheimer's disease, has lived in a local nursing home for nearly three years. Our father died prior to her admission, and we have used the money and assets he left her to pay for her care privately at the rate of more than $6,000 monthly. She is in the locked ward because she wanders. As her money began to dwindle, we told the administrator of our intention to apply for Medicaid once the money ran out. When we paid last month, we were told that because there was no Medicaid bed available and because our mother was, as they put it, a "high maintenance" resident, they could not keep her any longer, and we would have to make plans to take her home or they would discharge her.


My sister and I live out of state, and they really have us over a barrel because neither of us has made any other plans to care for her. Can the nursing home do this? What are our options?


A: No, the nursing home can't do this if it is a Medicaid-certified facility because once admitted to such a facility, each resident has the legal right to remain in the facility — without regard to source of pay — and to not be transferred or discharged unless (1) the transfer or discharge is necessary for the resident's welfare and the facility can not meet the resident's needs; (2) the transfer or discharge is appropriate because the resident's health has improved to the extent that he or she no longer needs the services provided by the facility; (3) the resident endangers the safety of individuals in the facility; (4) the resident endangers the health of individuals in the facility; (5) after reasonable and appropriate notice, the resident has failed to pay for — or to have Medicare or Medicaid pay for — his or her stay at the facility. (It is important to remember that for residents who become Medicaid-eligible after admission to a facility, the facility may charge only allowable charges under Medicaid); or (6) The facility ceases to operate. In addition, the "notice of discharge" that was given to you is inadequate. First of all, under the law, before a facility can transfer or discharge a resident, it must not only notify the resident — and, if known, a family member or legal representative — of the transfer or discharge and the reasons for the move in an understandable written format at least 30 days before transfer or discharge, but also record the reasons for the discharge or transfer in the resident's clinical record. We doubt that your mother's record contains any such notations.


By law, the notice to transfer or discharge must contain, among other things: (1) the reason for transfer or discharge; (2) the effective date of transfer or discharge; (3) where your mother is to be transferred or discharged; and (4) a statement that your mother has the right to appeal the action to the State, including the name, address and telephone number of the State's long-term care ombudsman. Number three, above, is most important because the facility must prepare an appropriate discharge plan, including where your mother will be cared for. A discharge to your home or your sister's home is not, in our view, an appropriate discharge plan.


There are other requirements for the protection of residents who either have developmental disabilities or are mentally ill. We suggest that you contact an elder law attorney in your state to secure a referral to an experienced lawyer in the state where your mother resides as quickly as possible. In the interim, under no circumstances should you or your sister accept responsibility for your mother and remove her from the facility.

Every weekday JewishWorldReview.com publishes what many in in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here.

JAN L. WARNER received his A.B. and J.D. degrees from the University of South Carolina and earned a Master of Legal Letters (L.L.M.) in Taxation from the Emory University School of Law in Atlanta, Georgia. He is a frequent lecturer at legal education and public information programs throughout the United States. His articles have been published in national and state legal publications. Jan Collins began co-authoring Flying SoloŽ in 1989. She has more than 27 years of experience as a journalist, writer, and editor. To comment or ask a question, please click here.

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