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Father in law has been in nursing home for 7 years, his physical condition is advanced Alzheimer’s. He is restricted to the bed and cannot speak or attend to himself. When his wife, my mother in law, had to go into the nursing home it created a problem with Medicaid. Long story short, the facility is evicting him due to non-payment from Medicaid or not enough payment from Medicaid. They are telling me they are going to drop him off at my place of business because we are the only known family they can find. Can they do this? My wife and I do not have any power of attorney over him (his wife is the only one able to sign for him) but we are listed as the point of contact. They tell us because we are the point of contact he will be transported to the front door where I work and leave him. The people telling me this are from the nursing home, they are very rude and call all hours of the day and night demanding money. Because we are in personal bankruptcy we cannot hire an attorney at this time. Any suggestions?

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It is so sad but theses places when they are getting every penny a person has are ok but the second no money there attitude changes. I would call legal aid and see if they can answer that question.
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Call his state social worker (case manager). Medicaid is responsible for paying their portion. It is the facilities responsibility to bill appropriately. They negotiate with the state on dollars. They can't by law take him and drop him off. That would also be an unsafe environment. The state will get involved and there will be a complaint filed against them. Call your local Ombudsman also. I am an RN and have an Adult Foster Home and I wasn't able to refuse to take someone back from the hospital and nursing home after 1 month of not hearing back from the state whether they were coming back or not. When they are on Medicaid it makes it difficult for the facility to evict but it is still on the facility. You can file a complaint. That isn't right but I would sure find a different facility NOW.
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Pam, no, we haven't had an update.
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No response from Redimix - would be interested in seeing what happened.
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I have read back,, did Redimix ever get back to us and let us know what happened on Monday?
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Oi. I subscribe to Wikipedia. It is an excellent resource which, I agree, it behoves readers to approach with their Common Sense glasses on.

But then again, so you should your local library.
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Good points, Glad. Yuki has posted I think 3 times and never with specific references as to his/her claims. Anyone who keeps up on the news would know that the Trump omnibus bill is a slasher, but I've not read anything yet, or seen specific statutory references, that Medicare is being terminated completely.

Rhetoric and unfounded perceptions do nothing to provide positive or helpful information.

So, Yuki, don't tell us to read something as unreliable as Wikipedia. If you claim that Medicare is going to be abolished, provide the specific USC citation for this. I'm not going to waste time searching based on rhetoric.


In addition, Yuki, this thread was begun by someone in need of assistance, and it's a valid need.

If you want to discuss Medicare cuts, start your own thread; don't hitchhike on someone else's very valid thread and redirect attention from someone in need of good advice.
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Reading between the lines is not a good idea. People can interpret almost any thing they want to find. Fake news starts so much of this and misinterpretation starts so much fake news. And Wikipedia is never a reliable source for anything. College professors do not permit the use of it as a resource or reference. Anyone can contribute information, reliable or not. Don't contribute to the take news disease.

For policy contact the office of your representatives, US congressmen to ask questions.
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People everyone is not reading between the lines. With the new tax law 2018 there are drastic cuts to Medicare, Medicaid . They are first going after Medicaid! There are 11 million on it, so Congress is going after the weakest link. Then they start on Medicare. We are talking 28 Billion coming out of Medicaid right off the bat. Once these funds get taken out to pay the debt that they created it’s not going back in! Then they start draining Medicare! Hello . Please look up on Wikipedia The article called pay/ go! We will pay as we go adding to the debt! It was a bill slipped in to balance the budget. President Obama never thought it would be used to pay off the debt, because he was using a stimulus package to pay everything off . These cuts come automatically! We can due nothing about it. They will drain it. I suggest you start reading up on the current tax bill, a lot of people in nursing homes will be directly effected. When they don’t get payed guess what, they have a legal right to thow out grandma. And nursing homes don’t take Medicare, they only take Medicaid! You have to be legally broke, to live in one! Hello. Go after the weakest link. Think about it! 2010 it’s when that pork belly bill was added to the budget bill. It’s called pay-go! Go into the budget bill of 2010.  Also we added 5 trillion to our debt in 2018, with these tax cuts! We will slowly loose all our safety nets, thank your congressman! Yuki
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Nursing Home is completely out of line here!

Due to the demand from the “guy” at the Nursing Home it sounds like they are in a state of panic. That’s what makes me wonder if the Nursing Home hasn’t dropped the Medicaid ball somehow.
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redimix,

I think you referenced Texas. If you are in Texas google TRLA (Texas Rio Grande Legal Aid). They are a non profit offering legal aid. They have offices as far north as Dallas. There is a lot of mention of immagration and migrant workers but they are representing residents in our area with hurricane related issues. They may be able to offer you some legal assistance.

You have been offered excellent advice above.

This may strictly a Medicaid issue.

My grandmothers Nursing Home was responsible for her Medicaid renewal each year. Suddenly I was getting unpaid bills for some hospital stays.

I went to Hospital billing office. The lady there after much confusion went to the Medicaid expert in the hospital. She called Medicaid and found out the Nursing Home had not done grandmothers Medicaid renewal. Panic.

My next stop was the Nursing Home Administrator. He finally admitted they dropped the ball on 18 Medicaid residents. My grandmothers Medicaid had lapsed for 5 months! No bill ever came for the Nursing Home. I guess they were scrambling to get it all straightened out. The Monkey was on the Nursing Homes back. They accepted all responsibility and ate any charges, Hospital charges included that Medicaid would not cover.

Could it be possible FILs Medicaid lapsed? Who normally did his renewal each year?
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Yuki, tax cuts to the 1% don't necessarily mean cuts in Medicare. When I asked for more information on the statements you made on this issue, I meant specific legislative references, or articles in reputable papers such as the NYT.

This was your statement that triggered my first request for references:

"Then there doing away with Medicare." I would interpret "doing away with" as meaning discontinuing it entirely. I've seen articles on drastic cuts, but nothing about discontinuing Medicare.
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Two things.
1. Call the Omnebudsman
2. Call your Congressman
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Pay Go was pased in 1990
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Polalbear yes look at the budget bill, and tax cuts to the 1%. In that bill it’s called pay go, please look up the words pay-go. It under what Congress passed this year. I suggest you look it up. Yuki.
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Re: changes to Medicare & Medicaid - this is blatantly untrue. Talk about spreading mistruths. Facts please.....(crickets)...
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the ombudsman is a state position for long term care. It, at least in VT, it is not a part of a SNH. They protect consumers.
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Depending on the laws in your state regarding NHs, they can (and probably) would be able to do this without breaking the law. What does the contract (if available) say?
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redimix - Call the elderly protective agency thru Social Service. I'm sure they'll help you.
I wish you the best of luck.
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The nursing home should have an Ombudsman. Contact them. The NH cannot dump you FIL on your doorstep. They have to keep him.
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Call Ombudsman...every SNF has phone number posted & also Dept of health. You can not take him home & they cannot do a safe discharge.
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Yuki500 -

If you have links to real factual legislature changes to Medicare/Medicaid, please post. Not links to typical media outlets which are full of biases, and even out right lies.
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Past comments mention legal guardianship. I had to hire a lawyer and go to court. Again,
negligent discharge should stop them cold. This is a terrible nasty thing to deal with. Ombudsman for long term care should be your first call. I couldn't get POA because the Nursing Home claimed he wasn't competent because he did not have a diagnosis when he was admitted, though they let him sign consent to treat and financial responsibility. Fight back and stay strong.
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I learned this from my lawyer. One word "negligent discharge". This is illegal. If you have a long term umbudsman in you state call them right away.
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With all due respect to the problem at hand, during all the animosity between yourselves and your FIL's nursing home, is he still being cared for properly? I would be afraid that the level of care, if there ever was one, would become as callous as the people who are making the threats. I pray for you and yours.
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I'd like to comment on the suggestions to sue. Beyond the issue of having "standing" to sue, if in fact the harrassers are debt collectors, they're probably in violation of the Fair Debt Collection Practices Act and subject to regulation thereunder. Take action under that statute and let the federal government handle it; it has more clout than an individual does.
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This is elder abuse pure and simple!
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Do not ask for anything from nursing home that puts them in compliance to evict your FIL. If they do not know the rules, to bad for them, great for you, if they evict without compliance you sue on behalf of FIL. I recommend that you do not give them any ammo to pursue eviction, the Obudsman will look into how your FIL is doing without an actual notice. By the way, if they do not notify their actual client, the notice is not considered valid, now to figure out who that would be since FIL AND MIL are both incompetent. Let Medicaid figure this out with the Guardian that the NH will have to petition for.
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Under Federal Law, if a nursing home wants to discharge a resident, they must send a 30-day written discharge notice. There have to be several items included in this notice. One of those items is the place where they intend to move the person. The place they move the person to has to be a safe place for the individual where they will be taken care of. The home can NOT discharge to your home if you can not give him the care he needs.

You need to do several things, first, call the home and tell them to send you a 30-day discharge notice. I don't know where you live, but once you get the discharge notice, you need to call your local Long-Term Care Ombudsman Program. The Ombudsman is federally mandated advocates for residents in nursing homes. They can help you by talking to the nursing home about your rights and the rights of your loved one. There is no cost for their services.

Legally, a nursing home can NOT go after you for non-payment of a Medicaid resident. Even if the resident is not Medicaid, a family can Not be forced to pay their bill unless they agreed to do so upon admission.

You can also call the Adult Protection Agency (Elder Abuse Hotline) and tell them that the home is threatening to drop the resident off at your job. They can call the home and inform them of their responsibilities.

The fact that you are not the Power of Attorney is key. Since you don't have this, you legally can not make medical decisions for your loved ones. If your loved ones are unable to make medical decisions on their own and they don't have a Power of Attorney for Healthcare (is his wife competent enough to make the decisions for him), then the home has to get them a Guardian. Only the Guardian would be able to make decisions on where they will live. Nursing homes don't like to have to file for Guardianship - it costs them money.

I hope this helps!
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