Last Updated: 11/25/2005
Topic: Nursing Home Issues
In December, the National Senior Citizens Law Center (NSCLC) will publish a new guide to nursing home laws, entitled 20 Common Nursing Home Problems, and How to Resolve Them. The guide is an adaptation and expansion of NSCLC attorney Eric Carlson’s Fifteen Falsehoods presentation.
In order to publicize the guide, NSCLC would like to be able to quote nursing home residents, family members, or advocates who have encountered any one (or more) of the Twenty Problems. If you or your client has heard any one of the nursing home falsehoods listed below, please contact Eric at (213) 639-0930, ext. 313, or ecarlson@nsclc.org. NSCLC will not mention you or your client without express permission.
1. “Medicaid does not pay for the service that you want.”
2. “The nursing staff will determine the care that you receive.”
3. “We don’t have enough staff to accommodate individual schedules. You will be woken up every morning at six a.m.”
4. “We don’t have enough staff. You should hire your own private-duty aide.”
5. “If we don’t tie your father into his chair he may fall or wander away from the nursing home. There’s just no way we can always be watching him.”
6. “Your mother needs medication in order to make her more manageable.”
7. “We must insert a feeding tube into your father because he is taking too long to eat.”
8. “Your children can visit you only during visiting hours.”
9. “We can’t admit your mother unless you sign the admission agreement as a ‘Responsible Party.’”
10. “Please sign this arbitration agreement. It’s no big deal. Arbitration allows disputes to be resolved quickly.”
11. “Medicare can’t pay for your nursing home care because we have determined that you need custodial care only.”
12. “We must discontinue therapy services because you aren’t making progress.”
13. “We can’t give you therapy services because your Medicare reimbursement has expired, and Medicaid doesn’t pay for therapy.”
14. “Because you are no longer eligible for Medicare reimbursement, you must leave this Medicare-certified bed.”
15. “Even though you’re now financially eligible for Medicaid payment, we don’t have an available Medicaid bed for you.”
16. “We don’t have to readmit you from the hospital because your bed-hold period has expired.”
17. “You must pay any amount set by the nursing home for extra charges.”
18. “We have no available space in which residents or family members could meet.”
19. “You must leave the nursing home because you are a difficult resident.”
20. “You must leave the nursing home because you are refusing medical treatment.”




