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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 June 28, 2005 / 21 Sivan, 5765

Battling for Dad's nursing home rights

By Jan L. Warner & Jan Collins


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http://www.JewishWorldReview.com | Q: My father has been a nursing home resident since he was discharged from a rehabilitation hospital two months ago. He had suffered a severe stroke, needed help with all of his activities of daily living, and was being given occupational and physical therapy four times each week.

When admitted, Medicare covered his charges and everything was fine, but when Medicare stopped, the administrator stopped his therapy and began talking about Dad being discharged to his home.

I explained that there was no one to take care of Dad (my mother died late last year), and that his home was small and not equipped.

The administrator responded that Dad wanted to go home, had improved enough to go home, and arrangements had to be made. Even though Dad had been crying quite a bit, the nursing home refused to get the doctor to prescribe medication to help him. When I disagreed about his being discharged, I received a "30-day letter" stating that Dad was going to be put out because I had not made arrangements to pay $5,800 per month in advance, and because he had gotten so much better.

Dad owns his home, has Social Security of just over $700 monthly, and has $650 in the bank. I am married and don't have the resources to pay this, either. He is incontinent, wears pads, and requires catheterization each day. He can't get out of bed to get into his wheelchair alone. He can't eat unless his food is brought to him. I know Dad wants to go home, but he is not in a position to make this decision.

I have 10 days until he is going to be sent home. Does he have any rights, and what can be done? I don't have the funds to hire a lawyer.

A: Here, the question is whether the facility's decision to discharge your father for the reasons stated by them is appropriate. Because of the complexity of these questions, we believe that your father needs quality representation to present his positions. Based on your description, it appears to us that your father's rights are being trampled. You can either 1) scrape together enough money to hire a knowledgeable lawyer to help you, or 2) learn how to stop the discharge yourself.

Either way, you must file an appeal from the discharge notice before the time expires, ask for a "fair hearing," and make sure to file a Medicaid application for your father as it appears he will qualify. If need be, you can ask for a temporary stay of the discharge until your case is heard.

At the hearing, you must present your father's case based on his medical records and condition. An important part of your case should be that even though he became depressed, the facility did not provide psychiatric or psychological counseling or appropriate medication. And he appears to be totally dependent on others, possibly because his therapy was discontinued too early.

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In addition, once you file the Medicaid application, until your father is approved, you can't be found to have failed to pay for his care. And since neither Medicare nor Medicaid pay for services in advance, we believe that an effort to try to make you do so is inappropriate, especially in light of the fact that, apparently, you were not given proper notice of how and what you were expected to pay.

Lastly, if the goal was your father's return home, the plan should have included ways in which to modify his home to make it wheelchair-accessible before he was to be discharged, not to mention family education and home-exercise directions.

Bottom Line: Your father's needs can't be met at home, and he has the right to a dignified existence and access to personnel and services both inside and outside the facility. He is entitled to receive, and the facility must provide him, with the highest practicable physical, mental, and psychosocial well-being. As such, we believe that the nursing facility's efforts to discharge him are, at best, premature.

Based on the letters and e-mail we receive, untold numbers of disabled seniors are discharged from facilities without proper basis every day. You should make yourselves aware of your rights and be sure to protect them.

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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