My husband. Has dementia. He was approved disability but keeps getting denied Medicaid. We are in appeal. He was also already approved for Choices. I took him to 5 day respite in nursing home then gonna transition to full care. If they don't straighten out appeal and try to discharge can I refuse pick-up? I have MS and not able to care for him myself.
Then, when he passes away, the money he put in the Trust goes back to pay Medicaid.
Talk to either an elder law or estate planning attorney, or a Medicaid Planner for your home state to know if this is possible where you live.
They cannot discharge him unsafely to you. Speak to discharge planners and tell them that he cannot return to the home and they will have to transfer him to other care facilities. Dumping him on your doorstep is an "unsafe discharge" as you cannot care for him. Be certain to tell the facility Social Worker that.
Nursing homes usually start the Medicaid application the day a person is brought in if the plan is they're staying. I think you should reach out to Medicaid and ask why your husband is being denied. It could be that there's too much income in your bank accounts or you are holding too many assets.
Of course, all anyone would be entitled to is his half of the assets or money. Your share if you are his legal spouse would be safe. If you live in the family home Medicaid will allow you to remain in your home. If you are dependent on your husband financially for your support, Medicaid will leave you enough to live on.
Medicaid and the care industry are two separate entities. They are not one in the same like many people think. Medicaid is reasonable to deal with. The business end of a nursing home is not. Reach out to Medicaid.
Ask them for a contract that you signed.
Ask them for Medicaid requirements they must legally adhere to.
Call Medicaid.
Get everything in writing.
Gena / Touch Matters
I honestly don't know what will happen when you do, but I suspect there is a social worker who will work it out. It may leave you broke.
Have you considered living in an assisted living together? You would have to sell all your assets. Typically, Medicaid allows the spouse some assets and determines a "spend down" amount, that is, what the beneficiary can afford to pay monthly, then medicaid covers what you can not afford.
I hope you find the answer. Refuse to bring him home because it is unsafe, and see what happens.