A Nursing Home Cannot Force a Resident’s Family or Friends to Guarantee the Payment of Nursing Home Costs

HNW Elder Care Law, Elder Law

By Fredrick P. Niemann, Esq. a NJ Elder Care Attorney Admission to a nursing home is a traumatic event.  No one wants to go to a nursing home, especially the incoming resident, family members and concerned friends. Sometimes a nursing home will try and secure an economic benefit by requesting that a friend, power of attorney or family member co-sign the admission contract and assume personal liability for the costs and expenses of the new residents care, room and board. A nursing home may request a financial guarantee to collect unpaid bills from a friend or family member if, a resident’s Medicaid application is mishandled or denied. This is illegal and has been illegal for quite some time in New …

Legal Rights of Nursing Home Residents Under Federal Law

HNW Discharge from a NJ Nursing Home Defense, Elder Law

By Fredrick P. Niemann, Esq. a NJ Discharge from a Nursing Home Lawyer The rights of nursing home residents are protected under a federal law known as the Nursing Home Reform Act (NHRA). The law requires nursing homes to protect the rights of each resident and places a strong emphasis on individual dignity and decision making. Under their licensing approval, nursing homes must agree to honor residents’ rights when participating in the Medicare and Medicaid programs, if they want federal and state funding. Patient rights are more specifically described in the Code of Federal Regulations. These regulations require a nursing home to “develop and implement written policies and procedures that prohibit mistreatment, neglect and abuse of residents. The regulations prohibit …

When Can a Nursing Home Involuntary Discharge a Resident Under NJ Law?

HNW Discharge from a NJ Nursing Home Defense, Elder Law

By Fredrick P. Niemann, Esq. a NJ Discharge from a Nursing Home Lawyer Pursuant to N.J.A.C. 10:63-1.10(e), only four reasons can be relied upon when a nursing home proposes the involuntary discharge of a resident. The first reason is if the discharge is required by medical necessity. The second is if the discharge is necessary to protect the physical welfare or safety of the resident, or of other residents. The third is if the resident has failed, after notice, to pay the nursing home from his or her available income. The fourth is if the nursing home is required to relocate its residents by the New Jersey Department of Health due to a licensure action or if the nursing home …

Nursing Home or Hospital Dumping Can Be Elder Abuse in New Jersey

HNW Discharge from a NJ Nursing Home Defense, Elder Law

By Fredrick P. Niemann, Esq. a New Jersey Discharge from a Nursing Home Lawyer In many cases, an aging person who is discharged from a nursing home is discharged because they aren’t as profitable as someone else. While Medicaid covers the costs of a nursing home, it does not pay as well as private pay residents. Eager to earn more profits from richer patients, some, but not all nursing homes frequently “dump” Medicaid patients. Medicaid patient dumping is a form of elder abuse. It is illegal for nursing homes to dump patients. Nursing homes must inform residents in advance of removal and make sure that the resident has a safe place to live before evicting their patients. You can file …

The Nursing Home Discharge Process in New Jersey

HNW Discharge from a NJ Nursing Home Defense, Elder Law

By Fredrick P. Niemann, Esq. a New Jersey Nursing Home Discharge Attorney Under state law, a nursing home must give a patient at least 30 days notice prior to a proposed discharge. Additionally, a nursing home must provide a substantial and lawful reason for discharging the patient. They must also ensure that the patient has a safe place to go following a discharge.  If a patient is proposed to be transferred to another facility, it is important to determine that the new facility can meet his/her needs. NJ Medicaid law provides a checklist of steps that must be followed prior to a nursing home discharge. These include making sure that the patient has a place to stay, that the patient’s …

Can a Nursing Home Unilaterally Transfer My Parent to a Different Room Without Her Consent?

HNW Discharge from a NJ Nursing Home Defense, Elder Law

By Fredrick P. Niemann, Esq. a NJ Discharge from a Nursing Home Lawyer The involuntary transfer of a Medicaid recipient, including “an individual who had entered the facility as a private pay resident and is now awaiting a decision on Medicaid eligibility is permitted only “when an adequate alternative placement . . . is available. In order to determine whether “adequate alternative placement” is available, a facility must prepare a discharge plan before involuntarily discharging a resident, as required by federal and state law. The discharge plan must take the resident’s medical needs into account. Further, any discharge plan must include “involvement of the recipient, family or authorized representative in the placement process with recognition of their choices”, as required …

Can a Nursing Home Demand That a Resident Waive Medicaid as a Condition to Admission

HNW Discharge from a NJ Nursing Home Defense, Elder Law

By Fredrick P. Niemann, Esq. of Hanlon Niemann, a New Jersey Appealing Discharge from a Nursing Home Attorney Every so often I get a call from a prospective client claiming that a facility requires a resident or his or her family to waive the resident’s right to apply for Medicaid assistance. The allegation often made is that the facility either requires a private pay contract financially guaranteed by a family member, or an agreement that the resident will not apply for Medicaid assistance for a minimum number of months to insure private pay for at least a specified period. The question presented is whether such private pay contracts are legal. The answer is a clear no as to a nursing …

After Your Discharge From the Hospital: Choosing a Nursing Home that Accepts Medicaid for Your Long Term Care

HNW Elder Law, Medicaid Eligibility and Asset Protection Planning

By Fredrick P. Niemann, Esq. of Hanlon Niemann, a Freehold, NJ Medicaid Attorney Moving from one’s own home into a nursing home for long-term care is different for the resident and family members. In most cases, a person would rather not go to a nursing home at all. Think about it; who chooses to go to a nursing home? But sometimes people have little or no choice if they have suffered a medical setback, such as a stroke, kidney failure, heart attack, or have some other limitation, such as dementia, Alzheimer’s or Parkinson’s disease. Whatever the reason, choosing a nursing home is unsettling, especially if you need to rely on Medicaid to cover the cost of nursing home care. The …

BILL OF RIGHTS FOR NEW JERSEY NURSING HOME RESIDENTS

HNW Discharge from a NJ Nursing Home Defense, Elder Law

By Fredrick P. Niemann, Esq. a NJ Elder Care Lawyer New Jersey has in place a “Bill of Rights” for nursing home residents. The New Jersey Nursing Home Bill of Rights law can be found in N.J.S.A. 30:13-1 et seq., and in the administrative code at N.J.A.C. 8:39-4.1. The rights established under this law are intended to protect nursing home patients from neglect and abuse. In some cases, a violation of this law can form a basis for legal action against a nursing home where residents are injured due to poor care, neglect and/or abuse. The law not only defines the rights of nursing home residents, but also establishes responsibilities for nursing homes.  Importantly, the law specifies that the costs …

Assisted Living Facility Residents Can Lose Their Homes if Their Facility Stops Participating in Medicaid

HNW Elder Law, Medicaid Eligibility and Asset Protection Planning

Fredrick P. Niemann, Esq., NJ Medicaid Application Attorney Most people want to avoid nursing home care.  Many people believe that assisted living provides them with something better: choice, control, independence, and safety in a “non-institutional, community-based setting.”  What is not widely known is that the protections for nursing home residents provided by the federal Nursing Home Reform Law do not apply to Assisted Living facility (ALF) residents, even those who are eligible for nursing home care and receive Medicaid for ALF services under a home and community-based waiver. Moreover, no separate federal legislation protects ALF residents. Over the years, Medicaid spending for long-term care services has shifted significantly from nursing home care to home and community-based alternatives, including services in …