Nursing Home Right to Not be Discharged

by Ira M. Leff, Esq.

September 16, 2008

The WALL STREET JOURNAL published an article last month entitled To be Old, Frail and Evicted: Patients at Risk. In it, the paper reported that patient advocates are experiencing an upswing in the number of involuntary discharges from nursing homes. The most vulnerable subjects seem to be those who are on Medicaid.

The U.S. Administration on Aging statistics indicate that the number of complaints about nursing home discharges has doubled from 1996 to 2006. The reason for the increase in unwanted discharges appears to be financial. The Medicare and Medicaid reimbursement rates vary from state to state and facility to facility but it is not unusual in Georgia for Medicare to pay over $400 per day, while Medicaid might pay only $135 per day for the same bed. The nursing home industry reports that the total Medicaid reimbursement in this country falls $4.4 billion short of actual costs.

While the industry has a strong financial incentive to discharge Medicaid residents and to replace them with more profitable Medicare patients coming out of hospitals, the Federal and State governments protect nursing home residents from unwarranted discharges. See ELDER LAW MINUTE March 25, 2008. Unfortunately, many residents are unaware of their rights and have nobody to advocate for them. If you know of someone who is being forced out by their nursing home, I will be happy to assist them in asserting their rights.

Thanks to Cindy Mott, RN, MPA, CLTC, of LTC Compass for forwarding this article to my attention.

Please click on any of the categories below to read more related Elder Law Minutes.

If you would like to join my mailing list, please click here.

Elder Law Minute is written and distributed by Ira M. Leff and Associates. The information contained therein may not be altered, appropriated, duplicated or transmitted without the express permission of Ira M. Leff. Information contained in this website is general in nature and not intended as legal advice. Visiting this website does not create an attorney-client relationship. Legal advice should be obtained before any action is taken based upon information in this website. Sending an inquiry to our firm does not constitute engagement of our services nor does it establish an attorney-client relationship.

Copyright © 2008–2013 Ira M. Leff, Attorney at Law. All rights reserved.
1722 Pinetree Circle / Atlanta, Georgia 30329 /
Direct dial: 404.633.1801 / Fax: 404.633.1830

Website design by Click Design . Website Maintenance by NFI Atlanta.
If you have any questions or issues regarding this website please contact