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Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 4180
Experience:  30 years of experience
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I HAVE an aunt who is in a nursing home for the past 2 1/2

Customer Question

I HAVE an aunt who is in a nursing home for the past 2 1/2 years. She has been doing self-pay. I was advised that when her money gets to point that she may can apply for Medicaid let them know. I request that even though my aunt is not eligible for Medicaid. Now is being told that she has to be out by September 29th. I am asking for at least another month on self pay. I have very missed any payments these last two and half years. I feel as if she is being forced out when I am not really prepared for her to go home. She is unable to be home without care almost around the clock. She has been a good patient without any problems. I feel now that she is being forced out. What rights do we have for at least an extension for another month.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Louisiana
JA: Has anything been filed or reported?
Customer: NO
JA: Anything else you want the lawyer to know before I connect you?
Customer: I am schedule for a care plan meeting with the staff, finance department, and administrator on next Wednesday. I have never had to meet with additional staff before such as the administrator. This makes me feel as if we have violated something
Submitted: 1 month ago.
Category: Legal
Expert:  Gerald, Esq replied 1 month ago.

Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

Expert:  Gerald, Esq replied 1 month ago.

Hello:

Have they given you a reason for wanting her to leave?

Customer: replied 1 month ago.
They feel that she will not be able to continue paying and she does not qualify for Medicaid and she never will.
Expert:  Gerald, Esq replied 1 month ago.

If you have not missed any payments then they are jumping the gun on asking her to leave.

Go to the meeting and see what they are proposing. If they do not have a legitimate reason for her to leave then consult a local Elder Law Attorney to see what action you can take against the Nursing Home.

Until we know specifically the reasons that they have it is hard to guess at what that action should be.

BUT it is not likely that they can remove her without cause. There are federal and state laws that protect a resident from being summarily discharged or transferred and threats to do so may be a violation of the law.

See Nursing Home Reform Act,

http://nursinghomeabuseguide.com/resources/nursing-home-reform-act/

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Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald