Mom is in a NH, last night after looking over her Humana summary. They are not giving her medication she's supposed to be on for memory. Says she's had low Blood pressure. Well she's on a cholesterol pill and blood pressure pill. She's she's been in pain. She's not on her stomach medication. I'm not happy. They won't speak to me. But they send me bills 3x a month for 7,000$ (Mom has medicaid) I'm her durable poa. Can I just walk in and tell her to come on? I can't go to jail right? Lol.
The nursing home is doing what nursing homes do. They're already getting paid by Medicaid if the mother is on it. They're trying to double-dip and collect twice by screwing the family for the cost and also collecting it from Medicaid.
If you're the one with her POA then you're the one in charge. If she's supposed to be on certain medications, you DEMAND that they start giving them to her.
The denying of some medications is pretty common with nursing homes if they want more money or they want a resident out. I have seen this happen. The wya to handle it is to not only tell your mother's doctors they are refusing her these medications, but tell their administrator that you will go to the police if they refuse her the doctor- prescribed meds that she's supposed to be on.
Don't take their crap. I've been in caregiving for a long time and have seen this situation happen many times in nursing homes. They even tried to pull it on me with my father when he was placed. Nursing home administration staff do not respond to politeness and civility from the concerned family of a resident.
The only respond to nastiness, viciousness, and being sneakier and more underhanded than they are. You have to police their actions 24/7.
Communicate with your mother's state Medicaid caseworker. You're the POA, so they will talk to you. Ask them if Medicaid has been paying the nursing home and if they have to please send you a written proof of this. They will.
I'd be willing to bet that Medicaid has been paying all along. So pay them nothing until you have found out either way. If they are then you will owe Medicaid, not the nursing home and Medicaid doesn't come collecting until a person dies and their estate gets probated.
Also, start looking for a better facility for your mother. For the most part they all operate like the one she's currently in, but some offer better physical care of their residents.
If you have her medical POA, you can also withdraw her from the nursing home any time you want. You may have to prove that you can provide adequate care for her outside the facility in a private home. You may not have to. This does not mean that you should take her out of the facility. Find a different one.
Don't allow them to do the classic nursing home shakedown on you for $7,000 a month. Talk to Medicaid. See if they've been paying before you pay one dime. The nursing home takes a person's monthly income when Medicaid is paying. That doesn't mean you write a $7,000 check every month also.
Is her medication, her MD, and her care provider still humana?
Do know that there are no medications for memory that are currently PROVEN to work, and as they are very expensive they are often not given in Medicaid provided nursing home care.
You should request a review of medications with your mom's current doctor and then with copies of his orders, discuss with administration at the Nursing Home. It isn't clear to me if your mother currently has her own MD or if the nursing home has an MD assigned. If she is on Medicaid she may not be a Humana patient.
Do request an administration meeting for discussion of her medications, the medications her MD wants her on, and a review of the care plan that would dictate "holding medication" below certain blood pressure reading (this is ordered by her Medical Doctor or Nurse Practioner).
If you are Mom's current POA and responsible for her care, you certainly can remove her with adequate proof of 24/7 care, though you must do this through administration, and if they have any reason to suspect this is an unsafe discharge they may notify APS and discuss with them and with you together.
We can't know anything about your case here, so this is really in your hands, and in the hands of the facility where YOU (I assume) placed your mother.
As to whether you can simply waltz in and say "let's go"? No. You can't.
If you mother was at any point removed from your care and placed in facility case by another entity, and if her placement involves conservatorship or APS, state guardianship, or other complications, then this is a legal case in which you could NOT remove her from care, and you would need to consult an attorney.
Is there a POA on file with the NH for financial and medical? If not, get them a copy. They must talk to you. They should have a care meeting within a few days of admitting and one every 3 months.
She has low blood pressure, then she does not need a B/P pill it will just lower it more. I am surprised they still have her on Cholesterol Meds. (if Statins they contribute to Dementia) Really not needed at this stage. Same with the cognitive meds, after a point, they don't work. I would question not giving her stomach meds though. I have bad pains if I don't take mine.
If you get nowhere with these people, call your Ombudsman, the NH should have the # posted. If not, you can find it under State Government. You can transfer Mom to another NH.
Just a thought...has the State taken over Moms care? Ifvdom you POA is voided.
How To File a Complaint / Stage 1 – Filing the Complaint /
Who Can File a Complaint?
Any person (not just residents or their family members) or organization can file a complaint about a nursing home with the Licensing and Certification Division of the California Department of Public Health (DPH). DPH is the state agency that enforces nursing home laws and regulations through regular inspections and complaint investigations. File a complaint with DPH when problems are serious and/or other steps to resolve your concerns have not been effective.
What Can I File a Complaint About?
You can file a complaint about abuse, neglect and any other matter protected by law. For example, you can file a complaint about violations of your rights, poor care, lack of staffing, unsafe conditions, mistreatment, improper charges, transfer and discharge concerns, and a failure to readmit you after a hospital stay.
In Addition to Filing a Complaint with DPH
Although you are not required to try other dispute remedies first, it is usually best to do so.
Start by communicating with staff of the facility or a family council if one exists. Another option is contacting the long term care ombudsman office in your county for assistance. The ombudsman program helps residents resolve concerns about their care and rights. The program does not have power or authority over the nursing home, however, an ombudsman can address the complaint with the nursing home, advocate on a resident’s behalf and express concerns with outside officials.
If your concerns are not resolved, file a complaint with DPH.
Where Do I File a Complaint?
File your complaint with the DPH District Office that oversees the nursing home in question. Consult DPH’s online directory of district offices to identify the office that is responsible for investigating your complaint.
You can also file a complaint online through the DPH Cal Health Find website. When you do so, DPH will direct your complaint to the District Office that is responsible for investigating it. It is best to keep a written record of your online complaint by printing a copy when you submit it.
How Do I File a Complaint?
Complaints may be made orally or in writing. If you phone in a complaint, it is best to follow up with a written complaint to ensure that there is a paper trail. You can write your own complaint letter or use the attached complaint form CANHR has prepared.
Written complaints can be submitted to DPH District Offices by mail, fax, email or, as noted above, through the Cal Health Find website.
DPH should confirm receipt of your complaint within two days of receipt, inform you of the complaint number for your complaint and give you the name of the assigned complaint investigator and the investigator’s contact information. Contact DPH immediately if you do not receive this information.
What Information Should I Include in My Complaint?
Give facts on what happened, such as when and how often it occurred, who was involved, and how the resident was harmed or affected by mistreatment or other types of violations. Be brief, concise and complete.
Taking notes or keeping a written log will help you to retrieve specifics later.
Identify each issue separately in your complaint if you want more than one concern to be investigated.
Include the following information in your complaint when applicable.
Your complaint should include:
Name and address of the facility
Your name, address, phone number, and relation to the resident
Name of the resident on whose behalf the complaint is made
Date(s) and time(s) of incidents
Specific complaints
Names of witnesses (including other health care providers, such as hospital personnel or paramedics)
Names of staff, if relevant to the complaint
Records that should be examined
Keep copies of everything - phone calls, who what when, follow-up.
You need a trail / track record.
Gena / Touch Matters
What did this do?
They made (make) two unannounced visits to the nursing home. If they do not find anything 'wrong' on that particular day, they do nothing. Although they come back one more time. Same thing. If nothing seems 'wrong,' there is nothing they do - or apparently can do.
I also photographed everything throughout several visits OVER SEVERAL MONTHS ... and sent these to the Umbudsman, as well as the licensing board representative.
License board response: I am a third party and they cannot use or consider my photos 'evidence.' I wasted my time. Nothing changed ... although that was due to how things 'appeared' on their two unannounced visits. I tried.
THESE NURSING HOMES NEED TO BE HELD ACCOUNTABLE.
If I were to do it again, I would cc my supervisors, congress-man-woman, and even the Oval office (now, before the next election). Also I would post the issues on Facebook and/or on line media. Contact local news media. Put as much focus on the issues as possible.
Gena / Touch Matters
Nevertheless, if you're uncertain about what to do, put yourself in your mother's shoes. She is at the mercy of the people who are caring for her - or not - whatever the case may be.
I am a firm believer in a couple of things.
1. I will never leave a helpless loved one anywhere that I, myself would not want to be.
2. Everyone - especially the elderly and helpless - deserve the best care that we can give them. Sometimes that's in a facility.... sometimes that's in the home, depending on the personal variables.
I'm able to care for my 97 year old mother in my home. It has been a very difficult season, but I wouldn't have it any other way.
I have 3 sitters who help me, so I'm able to get out 4 afternoons each week. I use my mother's VA benefits to pay for the sitters. She has been under Hospice care for 14 months which has been a much-appreciated support.
Honestly, I can't imagine spending anywhere near $7K per month to care for her.
The largest expense is her sitters and that rarely goes over $1K per month. If you paid a sitter $25.00 per hour for 40 hours each week, that adds up to $4333.00 per month. A bargain compared to what you're paying now and, you have the added bonus of not having to go behind the administration and staff at a facility.
she at times linking to him on video and he wasn’t shaved or look like washed. Luckily the complaint worked
maybe a tactful meeting with the head there if you think they won’t take it out on your parent- and say there are signs your father isn’t getting the care he should and you want to be updated on x y and z
if you feel that wint or hadn’t worked if look for a new my
Blessings. Diana
https://ltcombudsman.org/uploads/files/support/State_List_for_July_2023.pdf
https://theconsumervoice.org/get_help
What reason has been noted on the NH's file regarding them? Eg
Not prescribed?
Not available?
Refused?
Unable to swallow?
Should be an easy phone call to the Manager to ask?
Generally, residents can decide to leave, but there are a couple of exceptions. This article is a good summary: https://www.nursinghomes.com/advice/can-you-leave-a-nursing-home/
Another option is to engage an attorney. Unfortunately, many nursing home personal injury attorneys will only take pretty egregious cases - what I call the "low hanging fruit." But it may be worth a call. Here is a link to the National Academy of Elder Law Attorneys: https://naela.org//
You can also file a complaint with your state agency that is supposed to (but probably doesn't do a very good job) oversee nursing homes. In my case, once I filed a complaint, the facility illegally banned my visitation. It took two months to get before a judge, who ordered "immediate access." The facility was eventually cited for violating my mother's rights under both federal and state law - but there were still two months of agony. The facility then attempted to discharge my mother without any legal basis. I filed for a hearing, and the facility lost. But they were never cited for that illegal action (turns out one of the facility's attorneys was(is) married to the chief enforcer of the state agency that oversees nursing homes.) So given all that, IF you want to file a complaint in S.C. here is the link:
https://scdhec.gov/healthcare-quality/healthcare-facility-licensing/health-facility-cna-abuse-complaints
I'm sorry you are having to deal with this. I spent 5+ years daily, visiting, caring for and advocating for my mother who was financially stuck in what was labeled a "high-end" facility. As I have said many times, given the facility where my mom resided was consider "one of the best" in the area, the bar is so low you would stub your toe going over it.
why won't they talk to you You're POA?
Have You talked to the director of nursing?
Have You talked to the administrator?
What are your plans if you do decide to remove Mom from the nursing home?
Before anyone here can give any advice we should probably know the whole story seems like there is something missing Am I right?
If your mother is on Medicaid why are you receiving a monthly bill?
As far as medication goes speak with the Don. If that doesn’t work go to your ombudsman in your area and make a complaint.
I am so sorry that you are having such a difficult time. Wishing you all the best.