The unfortunate truth is that nursing homes can fire residents for non-payment, but they have to follow some guidelines when doing so. The 1999 Amendments to the Protection of Nursing Home Residents (NHRPA) make it illegal to unintentionally move or discharge a patient when a nursing home stops accepting residents funded by Medicaid. While they no longer have to accept new Medicaid-funded residents, they can't expel current residents. Consult an attorney who specializes in elder law.
For people who are in the situation of being illegally discharged from a nursing home, it can be very useful to contact a lawyer specializing in the law of the elderly. If the nursing home accepts the Medicaid reimbursement, they can't expel you. This is true even if they don't have a Medicaid bed available. Only a minority of nursing homes refuse to accept Medicaid, so in most cases, you'll be able to stay in the same semi-private room you had when paying with your own money.
If you were in a private room, you will be moved to a semiprivate room when you get Medicaid, unless your family can afford the difference in cost, but you won't be staying on the street. Because the nursing home you select may not accept your Medicaid reimbursement, it's always a good idea to check before you enter if there's any chance you'll run out of money. Yes, a nursing home can discharge a patient when Medicare stops paying, but notice must be given in advance. Nursing homes will continue to house those who have run out of money if they have already started the Medicaid application process.
This means that, even if Medicaid hasn't yet been approved, the resident still has the right to continue living in the nursing home. However, it's still highly recommended to plan the Medicaid application process well in advance before money runs out to avoid Medicaid transfer fines that can delay approval of benefits. This highly controlled process of “going broke” is called Medicaid spending reduction. Cost reduction rules are complex, so it is advisable to consult an attorney specializing in elder law to plan the process in detail. Seniors who currently pay out of pocket for care in a nursing home, but who have less than a year of funding left, should start planning their Medicaid application as soon as possible.
Usually, Medicaid will pay for the costs of caring for a person in a nursing home, but the beneficiary must be in a Medicaid approved facility. If an older person no longer has the funds to pay, they may have to apply for Medicaid in a nursing home. Like nursing homes, assisted living facilities have different levels of care depending on the resident's needs. Even if a resident has been denied Medicaid coverage, if an appeal is filed for coverage, they cannot be forced to move out of the nursing home during this time. Usually, nursing home residents who are not ready to be discharged when Medicare coverage ends apply for Medicaid for nursing homes.
Rather, Medicaid will pay for care in a nursing home for an indefinite period of time as long as the eligibility criteria continue to be met. While the Medicaid application is pending, the resident cannot be legally discharged from the nursing home for non-payment. As long as an appeal is pending, a nursing home resident cannot be forced to move out of the facility. Apply for Medicaid in a nursing home For people who have been left without Medicare coverage or who can no longer privately pay for care in a nursing home, they must submit an application for Medicaid.
A person who has applied for Medicaid and is waiting for approval cannot be expelled from a nursing home. Of course, a resident of an assisted living facility can always transition to a nursing home as their needs change. Many centers, including assisted living centers and nursing homes, offer this type of care to residents with dementia. Medicaid will only cover nursing home care for those who meet certain financial and medical eligibility requirements. While long-term care insurance can be used to pay for a nursing home, it needs to be planned well in advance when needing long-term care.
