Who is responsible for checking with Medicare, the financial POA or the healthcare POA?

mnbwca, your brother threats are intended to unsettle and frighten you, but the reality of filing a lawsuit over who's obligated to check with Medicare, is, quite honestly, ludicrous. Any competent attorney wouldn't even spend much time with him discussing the issue but would advise him to make efforts to work out such issues with his sibling.

And such lawsuit would be dismissed as frivolous. If he did go that far, you could countersue and ask for damages as well as defense costs.

Don't let him intimidate you.

Director of nursing

what is DoN?

oh.. i forgot to mention that my brother is being unhelpful and his goal seems to make everything harder for me.. he won't communicate. and I've given up also since every communication includes some put down or jab. He has threatened with the ultimate intimidation - a law suit -so I have to be careful..

That's a good question, but you can also check with the administrative staff at the facility. They'll know whether or not Medicare will cover the aspects you question.

Factors are the need for oxygen 24/7, the condition for which it's required, what her SAT rates are w/o it, both day and night, and possibly more factors.

The admin staff or the DoN should be able to help you on these issues before you contact Medicare.

You might ask them for the diagnostic codes as well; that will help Medicare determine if the oxygen is covered.

Another alternative is to ask the administrator, or billing specialist, if any aspect of their work ISN'T covered.

As to your basic question though, perhaps you could just have a conference call with Medicare and make the issue easier. Otherwise, read the POAs that establish the authority of each of you.

Generally the medical authorization allows you to make medical decisions, including to authorize or decline treatment. The legal/financial POA encompasses the legal and financial aspects, so it might be considered that your brother should address these issues.

However, I think the two of you could just work together and avoid what could become friction over this issue.