I want to move my family member to a different NH due to care concerns and have been touring different nursing homes. Before I leave, I received what I think is an enthusiastic "yes" pending receipt of her medical records only to be called back and told sorry we cannot accept her. Sometimes I am told what is in her medical record, sometimes not. Is there any recourse to prevent false, negative information from being sent? What I know for sure is that the NH is angry because I have filed numerous complaints that resulted in serious fines for them and have labeled me difficult to please because I report what I consider to be serious care issues that are life threatening . The denials are piling up. Should I just bring her home? She has lived in this NH for 2 years.
If you believe a nursing home is unfairly preventing a transfer, you may want to:
Request records – Ask for copies of all shared documents to verify accuracy.
Consult an advocate – A long-term care ombudsman or elder law attorney can help address unfair practices.
Know your rights – Facilities cannot legally blacklist a resident without cause.
For more insights on resident rights and nursing home transfers, you might find helpful resources on this website: https://premierlegal.org/
Always document concerns and escalate them to state agencies if needed.
And, no nursing home will be able to care for her as you would personally. They simply don't have the staff to provide 24-hour one-on-one care to anyone.
You say that after her medical records are sent to a prospective NH, they make a decision not to accept her. It could be that she has difficulty of care requirements which exceed what some Nursing Homes are able to provide.
When meeting with an admissions director of a prospective facility, be honest and upfront with the information you provide them. They need to know whether they can accommodate her needs. And they are not going to like a complaining family member, or being reported and fined.
If you found serious issues with her current facility, and reported them, you should probably state what deficiencies you found. That at least gives a prospective new facility the chance to address your concerns and determine whether they can meet your expectations.
I would encourage you to hire an independent medical social worker or call a law firm that specializes in elder care law.
Gena / Touch Matters
If so, this “family member” has long establish multiple facilities history of being one for which a facility is “unable to meet residents needs”.
And there is also a pattern of you being an “overly involved family member” that too is in the “family members” patient chart.
You even had 1 of the prior NH refusing their return after they went to the hospital and were ready to go back. So this goes into the discharge report for their hospitalization history… not a good look.
Even a cursory glance at their health chart by admissions or nursing is going to make any NH that’s decent consider them radioactive for admissions. A nice facility can find someone else to be butts-in-bed to get occupancy without all the detailed issues over years that your “family member” would bring as a new resident & you as their POA. To me, your options are limited: you being them back to your home and do caregiving once again or they go into a NH that is beyond desperate for residents.
Now if this is an entirely new “family member”, please PLS plz realize you are doing the same things ya did back in 2020. Sheesh! You are creating an impossible scenario for this family member to ever get placement. Again options are limited: you do in your home care or find a NH desperate for residents.
if only I’d looked at your history b4 I posted my answer….
Did you file a Stark violation? Did you file more than 1?
How is the NH being paid?
And are you the POA for a parent or is it Aunt/Uncle, grandparents that you are POA for?
Your family member, what type of care are they needing?
If she’s been there 2 years, how have the mandated care plan meetings gone…… are they always adversarial? or are they pretty even with sometimes an issue? and rarely if at all has the actual DON been there for the care plan meeting? Or is DON there each time?
So exactly how has the rejection happened so far….. is it you on your own going to look at potential NHs without the elder? Or are taking elder with you? Have none of the NH wanted to do or required that an onsite evaluation be done for the NH resident (potential new place does a bedside evaluation)?
I would say, since this place has been fined and corrected the problem, keep her there. Be aware though, she will never be cared for the way you would.
I recommend you research your question. There a ton online, and there are laws.
They vary according to type of facility: whether private owned ALF or Medicare/Medicaid accepting facility accepting governmental funds; whether they are state regulated or state and federal regulated, etc.
They are not SUPPOSED to share private medical history of any kind.
They are not "allowed" to say a lot of things.
But in truth they can kind of say a lot without saying a lot, if you know what I mean? And none of that is recorded.
So let us say I called Nursing Home "A" to discuss transfer possibility to my facility "B". I could kind of sort of slip my toe into the door and wheedle information by saying: "We understand Mrs. Wilson wants to come to our facility?"
Now "A" should respond "Does she; let us know when you are ready to accept her and we will do all we can to assist in transfer".
Period.
Now I, as Nursing Home "B" should already have discussed with Mrs. Wilson, and you as her POA what you need, want, expect, and qualify for. And when I will send our examining MD to assess Mrs. Wilson at her current home "A". That should be the end of it. Best case.
However, you and I know that there are "ways".
It may go more like my calling and saying to facility A:
"I understand that Mrs. Wilson is wishing to transfer to us here at B?"
And facility "A" may give a long sigh. Then say: "Yes. We will be so very sad to lose her, but her daughter hasn't been perfectly happy with us".......
I can say "Can you tell me more?"
Another sign with a pause: then "Well. Not really. I am afraid I am not free to discuss this under privacy rights. I can only tell you we will be very happy to help in arrangements and wish you the very best of luck".
You see what I am saying here? Says it all by saying nothing at all.
There is always a way, right?
If they think you have been unreasonable they may find a way to convey that without saying anything. And their notes will reflect they got your call and assured you they "are ready and happy to assist with transfer".
And you won't be able to prove a thing, will you?
Between what is allowed, both employer to employed, LTC to LTC, Doctor to Doctor, is one thing. Reality and communication are another.
Good luck. I would say that best step forward for you is to say "I have been forthright with facility A that I wasn't happy with mom's care, and this is why. They will then see you as honest and forthcoming, an advocate for mom, and understand where you are coming from.
Adversarial relationships in these things are just deadly. Really, they will come back to bite. Take care.