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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 16448
Experience:  Experienced Licensed Attorney
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I have my father in the US who came as a visitor from india.

Customer Question

i have my father in the US who came as a visitor from india. He is an indian citizen. He got a major heart attack and has been hospitalized for 8 months. He was approved for emergency medicaid. Because of his heart attack his kidneys went into shock and has not reverted back. He is on dialysis twice a week. The hospital wants his out as he does not need urgent care any more. His travelers insurance has been exhausted. Any costs will be out of pocket. Given his condition, as he can not walk at this time, travel back to india is very expensive (60k). The hospital is threatening that if we don't take him, they will call the missouri hotline and file a case of abandonment against us (his family). we are trying to get him home as my mother is here and can take care of him but i am concerned about any legal requirements that we need to meet for him for home care as it all out of pocket. We are in state of missouri
Submitted: 6 months ago.
Category: Legal
Expert:  Alex J. Esq. replied 6 months ago.

Hello. My name is Alex.
Thank you for your question.
I will be happy to provide you with information you are seeking for educational purposes only.

​Did you indicate on your application for Emergency Medicaid that your father was not a US Citizen?

What is your legal question about the situation you have described?

Customer: replied 6 months ago.
i did. my question is that can the hospital legal file a complaint against us for not taking him out of the hospital. Also, if we bring him for home i have to provide follow legal requirements to provide that home there any prescribed laws like need to get a nurse etc that we can be held liable for if we don't
Expert:  Alex J. Esq. replied 6 months ago.

Thank you for your follow up.

I cannot comment on your specific case, but generally, if a disabled / person with severe medical condition is not picked up from the hospital by relative or next of kin, then the hospital in fact can declare such patient that cannot take care of himself abandoned and start legal proceedings to declare such person a ward of state and the state agency will decide as to where to place such person or how to proceed.

Generally, any person who does pickup disabled patient from the hospital, would have to follow the home care criteria recommended by the hospital upon discharge and failure to follow such home care, can in fact result in the caretakers / relative(s) can be criminally charged with elder abuse / negligence.

I wish you the best of luck!

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