Is it legal for a facility to withhold medications from a patient if they leave against medical advice?

Casper, you’ve been given really good experienced answers.
But I’ve got to ask you...... is Cousin Wade competent and cognitive to be on his own? On his own, not with you or others helping him?

To leave AMA from a facility basically a day after arising from coma is pretty serious stuff. There’s a tendency for regression for coma patients and rehab is done to bring them back to pre-incident stage and could be weeks of rehab and followup care. Going AMA can have consequences down the line apart from him not getting his clothing or whatever RXs he thinks are his. Insurers may opt not to pay for future care related to what he walked AMA on. All this stuff is coded in his health chart; matchups can be done.

I’m somewhat concerned for you in this drama...... What was your role in his leaving AMA?...l. like were you the one that picked him up?.... are you housing him?..... you at all paying for things for him? or doing any paperwork for him? or receiving things for him?

Casper241913, your Cousin walked out of the rehab against medical advice. Thus, if he left any of his personal items behind, chances are those would be deemed abandoned.

And since the rehab did not discharge your Cousin, no medicine would be allowed to go with him. As other posters had mentioned, your Cousin's doctor would be the one to write up new prescriptions, not the rehab center.

Again, "HE WALKED OUT", along with his rights.

Facilities only bill for medications used during the stay, they do not get "extras." Usually a discharge coordinator has the dr call in prescriptions. As for his other stuff, I would check lost and found.

Seems to me he walked out AMA. As such, there was no discharge done.

Any of his personal belongings should have been in his room. In my experience, rehab does not take anything personal. Thats what u have a night stand for. My Dad always had money on him. Cousin didn't even stay long enough to have laundry done. I agree, why didn't he take his stuff with him.

They owe him no medication. I have never taken my Moms meds to a hospital or rehab. Just the list what she is on. These facilities in my area use blister packs because they are easier to keep trac of and less stealing by staff. Moms AL didn't want to take her meds but Moms plan would not allow the prescriptions to be filled until their records showed her pills had been used up. So the AL had to take them.

Why didn't he take his belongings home with him?

I can imagine. You'd like to think, wouldn't you, that a person leaving a hospital or rehab facility would be helped to pack his things, and that someone would ensure his medication and supplies were organised and ready to go with him. Then the cab arrives, with a wheelchair to take the person to it, and away they go: prompt, efficient and calm.

Nope.

We've had four new clients discharged home from acute or rehab hospitals this week, "shambles" is putting it politely. And that's when the discharge is *planned*.

Do you have authorization to pick up the medication and belongings? As in a notarized letter or a valid, active power of attorney? Because you can’t just go in to a facility and take someone else’s personal property. And if he left on his accord why didn’t he take his belongings with him?

The medications are his property, as are his other belongings. What reason did the facility give for not returning them to him? Did you have his authority for collecting them?

There may be two issues here, the first is medications; typically when entering a hospital they send any medications you come in with home or stash them away (without testing them all they have no way of knowing what’s really in the bottles) and then when they release you they give you your next dose to last through the day and a prescriptions to fill for the rest, this is the only way they have to control what they give you. My mom who is a type 2 diabetic for instance and on both oral and long acting insulin to manage it is taken off all of that in the hospital and they simply use insulin to manage her numbers before each meal, it limits interactions and factors they can’t be sure of when treating all of her medical issues, particularly the one she is in for. Maintenance medications are often suspended during a hospital stay to help manage whatever condition is primary at the time to help manage the current crisis. When a patient is released to rehab or NH it’s the same sort of thing, they are given their medications prior to discharge from hospital and then the facility they are discharged to takes over medication administration with their own stock, often some of the “regular meds will be added back during rehab stay but still from their stock so they can manage what is actually being given and when the patient is discharged home or elsewhere from that facility, same deal as discharge from hospital, they are given prescriptions and administered meds for the day but not a supply to take home typically. If your cousin went into the hospital on medications that he is still supposed to be on he should have his supply at home to continue taking, if there are new medications his doctor should call in or supply a prescription. Part of the problem with him leaving before it was planned is that they weren’t able to transfer care back to his doctors they way they typically do so he kind of prevented them from making it a smoother transition but his records should be available and his regular medical team will take over and provide these things, they might need to be called but that’s where he should be getting his medications now.

His belongings are a separate issue and frankly walking out without them seems like an indication that he probably wasn’t ready and shouldn’t have left but it is his rite. Unless you have provided them paperwork making you his legal agent I imagine they are being careful to follow all the “rules” given the way it sounds like he left. If he is able you might arrange with them a time for you to bring him to pick up his belongings so they can verify he is taking responsibility for receiving them. He wasn’t there very long though so are there a lot of important belongings or valuables that he left behind?

All of his "effects" should have been listed at intake to hospital
listed at discharge from hospital to rehab
Listed on intake to rehab
listed and returned on discharge from rehab.
All medications, phones, keys, cash, and clothing should have been followed. Any medications should have been safely kept in pharmacy, esp. so if they are pain meds or anxiety med.
If these things were not returned to the patient go to the admin of the rehab and review the chart intake of possessions and the disposition of all.
And do know he has a right only to the medications he BROUGHT INTO THE HOSPITAL, which are clearly marked with his name.
I am afraid that the only thing you can do when this complicated system fails (as so often it does) is file with lost and found, and hope some compensation is forthcoming.
Meanwhile do get the new medication regime worked out with current doctor, and refill prescriptions; that can't wait.
My bro went hospital to rehab, got covid went back to hospital and back to rehab. Somewhere in all of that his cell phone, his cash, his credit cards and wallet, his medications and watch ALL went missing. Go figure. His fiduciary awaits compensation from someone, and tracking down responsibility in covid times is not worth the time.

On the 2 occasions when my mom went from the hospital into the rehab facility, we were told in no uncertain terms that we were not allowed to bring in any of her meds from home. The facility arranged for her medication while she was in their care, and when she was discharged, they did not discharge her with any "extra" medication.
Once she was home, the prescriptions she needed were called into our pharmacy.

I'm just curious as to why your cousin didn't bring his other belongings home with him when he left the facility? We brought my mom's stuff home with us the same day we picked her up.

Just curious, why did your cousin agree to rehab if he didn't plan on staying? Just in case this happens again, rehab is not mandatory.

With my Mom when the discharge person called it was "we are sending Mom to rehab, here r ur choices", But you can say NO. You can ask for "in home" care. I wish I knew then what I knew now. I would have had PT/OT done at the AL.

I don't think Hospitals send actual meds along with patients to rehab. They may send just enough until rehab can order what is needed? So I would say he is not entitled to any meds or is the doctor required to give him prescriptions if he walked out. Usually people are discharged and at that time they are given prescriptions. And if he did walk out, why did he not take his belongings with him?

Did he call the rehab and ask that u be aloud to pick them up. Like said, they don't have to release them to you. I would not be surprised if his stuff was not there. We cleaned out Moms room the day after her death. I know there was stuff in the laundry but have never been able to get it. Told nothing there.

It is the responsibility of the doctor who prescribed the meds to write the order for discharge meds.

Have the patient contact his doctor.

Medications coming from the hospital to the rehab to discharge or home would be different meds. For example, one would not take the same meds in a coma if one is improving and ambulatory.

It would be against the law to give you your cousin's meds.

His property doesn’t belong to you. How could they release it to you? Why can’t he go get his stuff? Can you bring him to get it?

When mom was in a nursing home for rehab they provided all the medicines.

So, I don’t see why they would give it to a person that was no longer a resident.

I don't have the answer on whether they are legally able to do this but I do know that nursing homes have to cover the cost of medications while the person is at their facility. Due to this, it makes me suspect that they are able to hold them since they paid for them.