Common Nursing Home Questions
Answered by Attorney Barbara Boone McGinnis
My father is to be admitted to a nursing home. How should I sign the admission agreement?
If you are your father’s attorney-in-fact under a durable power of attorney, you should sign his name by your name and follow it with “AIF” for attorney-in-fact. If you are his conservator, you should sign your name and follow it with “Conservator” and provide the facility with a copy of your letters from the court authorizing you to act. You should also advise the facility you are not able to accept personal liability for your father’s charges.
Does a nursing home provide a reduced level of care to a resident receiving Medicaid?
No, nursing homes must provide the same care, depending on their needs, for all residents regardless of source of payment.
Does a nursing home resident lose his nursing home bed by being readmitted to the hospital?
Not necessarily. The nursing home is not required to hold a bed at no charge. If the resident requests that a specific bed be held, he or she may be charged a fee to hold that bed but he or she may not be charged a bed- hold fee for the right to return to the first available bed.
Can the nursing home simply tell me I have to move my mother? What kind of notice should I expect and what are valid reasons for discharge?
The nursing home must give your mother or her legal representative 30 days written notice of the discharge. In a few situations the period of notice can be less than 30 days. Those circumstances include:
- The health or safety of individuals in the nursing home would be endangered by your mother remaining in the nursing home
- Your mother’s urgent medical needs require an immediate transfer or discharge or
- Your mother has not resided at the nursing home for 30 days
A nursing home may can force a resident to move for one of the following reasons:
- The resident has failed to make the required payment for her stay
- Transfer or discharge is necessary for your mothers welfare and the nursing home cannot meet your mothers needs
- The safety or health of individuals in the nursing home, other than your mother, is endangered by her actions or
- The facility ceases to operate.
My spouse passed away on the 25th of the month. Can the skilled nursing facility require that I pay of a full month of care?
No, assuming the resident’s personal property is promptly cleared from the room the facility cannot charge privately for the additional days.