Late last year, the Centers for Medicare & Medicaid Services (CMS) released revised nursing facility regulations, including those that address a patient’s return to a facility following a period of hospitalization. This issue deals with bed holds, or the timeframe within which a facility must accept a patient back after hospitalization. State law determines bed hold policies, but federal law requires facilities to notify patients of their bed hold rights, both before a patient is hospitalized and at the time that a patient is transferred to a hospital. Federal law also specifies other patient rights as they relate to bed holds.
Notice prior to the transfer of a patient, which typically occurs during the admissions process, must include a description of the applicable state law on bed holds and the ability of the state’s Medicare program to pay for a bed hold. Federal law requires that the notice be given to the patient well in advance of any transfer. The same information must be given to the patient at the time that he or she is actually transferred.
Federal law also protects a patient’s right to return to a facility, even if the hospital stay has exceeded the bed hold, no bed hold was available, or the patient did not request a bed hold. This right, however, is available only to patients with Medicaid or Medicare coverage and a need to return to the nursing facility; it is not an available option for private pay patients. This right allows the patient to return to his or her previous room, if available. If that room is unavailable, the patient is entitled to the next bed available in a semi-private room with a roommate of the same sex.
If a facility denies a patient the right to return to the facility following a hospitalization, claiming that the facility can no longer meet the patient’s needs, the patient has a right to appeal. However, as a practical matter, it is time-consuming to appeal a refusal, particularly in light of the fact that the facility is likely to continue to refuse to admit the patient and the hospital is likely to pressure the patient to leave. Under the newly revised nursing home regulations, the facility must comply with transfer/discharge procedures if it is choosing to deny the patient readmission.
All too often, care between nursing facilities and hospitals is inconsistent, which can result in harm to your loved one; medication errors and other interruptions in consistent care can be deadly to a senior citizen. The Wisconsin elder abuse lawyers of Boller & Vaughan know how devastating it can be when you entrust your loved one to the care of others, only to have that trust completely betrayed. Our attorneys are dedicated to protecting your rights and those of your loved ones in all types of circumstances. We handle nursing home abuse and neglect cases on a daily basis, and we know how to get the relief to which you may be entitled. Don’t hesitate to fight back against a neglectful or abusive nursing home, assisted living facility, or hospital that has caused harm to your loved one. Contact us today and see how we can help.
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We live in Friendship, Wisconsin, and Boller & Vaughan came to our doorstep to discuss our mother’s wrongful death claim on a Saturday morning. Not only were we pleased with the large recovery, we were so thankful to have lawyers who were willing to explain to us every twist and turn along the way. It is great to know there is a law firm that will fight for the rights of elderly people all over Wisconsin.
Mr. Boller and Ms. Vaughan were incredible in working on my case and my daughter’s case. I was out of work and in the hospital with a new baby. Mr. Boller and Ms. Vaughan protected our rights and it was a pleasure to work with them. I hope never to be in another motor vehicle accident, however, if I am and I am injured, I will contact Boller & Vaughan immediately.
I was referred to Michelle through a friend. I have never had a better experience. It took a little over a year to get my settlement but the staff there stayed in constant contact and kept me in the loop. Oh, and Michelle actually got me MORE money than we discussed. I will refer anyone to this firm. Words cannot do justice the thanks that I have for Michelle and her staff (Mary especially) thank you guys so much!
After my husband died as a result of a motor vehicle accident, Boller & Vaughan spent countless hours talking with me, meeting with me in person, and making sure that I was okay. The drunk driver who hit us did not have any insurance, and we had to make a claim through our own insurance. Boller & Vaughan was fantastic at explaining the law to me and the handling of our claims.
After my son was injured in a daycare setting, Ms. Vaughan took the time to thoroughly investigate our case and my son’s injuries. Michele was approachable and had answers to our questions. Talking with her helped to relieve many of our anxieties.