Legal Question in Health Care Law in Michigan

When a nursing home resident receives Medicaid (or while Medicaid is pending) she is required to pay the nursing home her income (ie Social Security) minus her personal needs allowance ($60) and minus other allowable out of pocket expenses such as Medicare premiums. Do you know if the $1,100 is for her monthly estimated patient pay? If so, that amount will need to be paid or the nursing home has the right to seek involuntary discharge. The rules here are set out to protect the resident from being involuntarily discharged and the nursing home will have to give written notice of the intent to discharge and there will be an explanation of how to appeal. In most cases the nursing home's action should be appealed. However, these matters can become complicated. There are many additional questions that would need to be answered.

Who receives her Social Security? Is it automatically deposited into a bank account? If so, does she have more than $2,000 in countable assets?

Did you sign the papers admitting her to nursing home? If so, do you have a copy? Did you sign as the financially responsible party?

Who filed the Medicaid application? Are you sure she is actually eligible for Medicaid? Often nursing homes or family members file applications that are denied, creating additional problems.

I strongly recommend that you consult with an elder law attorney who understands the Medicaid eligibility rules and has experience handling involuntary discharge matters. If you wish to discuss this further, I can be reached at (866) 699-1800.

Sandy