Home
In this issue

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 4, 2007 / 18 Sivan, 5767

Can the nursing home throw Mom out?

By Jan L. Warner & Jan Collins


Printer Friendly Version
Email this article

http://www.JewishWorldReview.com | Q: Since our father died seven years ago, Mom has been on a steady decline. Her doctor diagnosed her with dementia and said it would be OK to leave her at home, but it got to the point that she was getting lost when she drove (we once found her 55 miles from her home), she was not bathing, and her house was filthy and full of rotten food. So we sold her small house and admitted her to a small assisted-living home where she stayed until three years ago, when they told us they could no longer take care of her there.


She has been on a locked dementia wing of a nursing home for the past 2-1/2 years that we have paid for privately. We paid the cost by supplementing her Social Security and small survivor pension check with her savings. We have now spent all of her savings to pay for her care privately at both the assisted living and the nursing home. Months ago, we told the nursing home that we intended to apply for Medicaid once Mom's money ran out, which was with last month's payment.


We are now being told that there is no "Medicaid bed" for Mom, whom they now classify as a "high care" resident. They told my sister and me that since they couldn't take care of her, we should make plans to pick her up and take her to one of our homes or they would discharge her. We tried to find a lawyer who could help us, but this is a very small town. We feel over a barrel because neither of us can take care of her. Do we have to pick her up and take her home?


A: While we have answered similar questions in the past, due to the recent barrage of e-mail we have received about this topic, it bears restatement:


First, under the law, once your mother was admitted to this Medicaid-certified nursing facility, she has the legal right to remain in that facility — regardless of how her care is paid for — and to not be transferred or discharged unless (1) it is necessary for her welfare and the facility can't meet her needs; (2) it is appropriate because her health has improved to the extent that she no longer needs the services provided by the facility; (3) she endangers the health or safety of other individuals in the facility; (4) after appropriate notice, she has failed to pay for — or to have paid for under Medicare or Medicaid — her stay at the facility; or (5) the facility stops operating. You should remember that for people like your mother who become Medicaid-eligible after admission to a facility, the facility may charge only allowable charges under Medicaid.


In addition, the "notice of discharge" that was given to you is inadequate. Before a facility can transfer or discharge your mother, it must not only notify her — and, if known, a family member or legal representative — of the transfer or discharge and the reasons in an understandable written format at least 30 days before transfer or discharge, but also record the reasons for the discharge or transfer in your mother's clinical record. We doubt that the clinical record contains any such notations.


The notice to transfer or discharge must contain, among other things: (1) The reason for the 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 long-term care ombudsman.


Taking the NextStep: Under no circumstances should you or your sister accept your mother from the facility as, once you do, the obligation of the facility ends. Instead, file your mother's Medicaid application immediately and call the State ombudsman.

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.

Archives

© 2007, Jan Warner

Columnists

Toons

Lifestyles