Attorney Michael Gilfix Comments on Alleged Practice of Nursing Home Resident ‘Dumping’

San Francisco, CA (Law Firm Newswire) May 16, 2016 – A lawsuit filed in November 2015 alleged that the California Department of Health and Human Services has deliberately failed to prevent the illegal practice of nursing homes “dumping” Medi-Cal residents into the hospital system.

NextGen Medium-Rectangle-300×250-3d

Nonprofit organization California Advocates for Nursing Home Reform (CANHR) filed the lawsuit in San Francisco, California, on behalf of three nursing home residents covered by Medi-Cal. Medi-Cal is California’s Medicaid program. They alleged nursing homes refuse to readmit Medi-Cal patients after temporary hospitalization in order to make room for more private pay and Medicare patients.

“Many individuals hope to rely on Medi-Cal or Medicare in their later years. However, receiving care in a nursing facility or at home can be costly and uncertain, as demonstrated by the lawsuit,” said elder law attorney Michael Gilfix. “Therefore, it would be wise to avoid depending exclusively on federal support for quality long-term care services.”

The watchdog group claimed states are required under federal law to offer readmission hearings to hospitalized patients who wish to return to nursing homes. If the patient is granted a favorable judgment, they must promptly be readmitted to the facility. However, patients are allegedly forced to remain in hospitals due to the state’s failure to enforce readmission orders. The plaintiffs in the case have not been readmitted despite having won their hearings.

The alleged “dumping” practice has continued for a decade despite violating the Nursing Home Reform Act, according to CANHR. A nursing home’s failure to follow a readmission order is punishable by temporary suspension from receiving Medi-Cal funds. The California Department of Health Care Services has consistently denied CANHR’s claims that the state has the authority to enforce its own readmission orders.

“It is possible to remain eligible for Medi-Cal while still preserving many of your assets. The complexities of Medi-Cal can be navigated through proactive estate planning and the assistance of professionals. Without a financial safety net in place, people may be left lacking the care they need,” said Gilfix.

Facebook: Like Us!

  • Mark Gilfix Article on Technology Innovation and Long Term Care in The Elder Law Report
    Mark Gilfix has been keeping a close eye on innovation in the long term care space, and recently attended the Aging 2.0 “Optimize” Summit in San Francisco. He wrote an article sharing his insights with the The Elder Law Report, one of the top national publications for attorneys in the field. While at the Summit, […]
  • The financial toll of caregiving on special needs families
    American families provide around 1.5 billion hours of unpaid at-home care to about 5.6 million special needs children each year, according to the findings of a nationwide study. This represents a substantial economic cost of an estimated $36 billion in unpaid medical care annually. Family members assist special needs children at home with everything from […]
  • Mark Gilfix Discusses Estate Planning With the Star of the Investigation Discovery Show, “Reasonable Doubt”, Melissa Lewkowicz
    Mark Gilfix recently sat down in the offices of criminal defense attorney, and cable TV star, Melissa Lewkowicz, to discuss the 3 key estate planning documents that every American needs. Watch the Facebook video below. You can watch Melissa Lewkowicz in Reasonable Doubt on Investigation Discovery or see clips at https://www.investigationdiscovery.com/tv-shows/reasonable-doubt/.
  • Why a durable power of attorney is a valuable estate planning tool
    A Durable Power of Attorney (DPOA) allows an individual to give a designated person — known as an “attorney in fact” — authority to sign documents and act on their behalf. The legal document is particularly beneficial for individuals who are worried about mental or physical incapacity in the future. For example, an elderly person […]
  • California couple’s eviction highlights dangers of elderly financial abuse
    The elderly can be vulnerable to various forms of elder abuse, one of which is financial exploitation. Financial exploitation involves unauthorized use of an elderly person’s finances or property, either by a family member, caregiver or an unknown scammer. The media recently reported the case of an elderly California couple who faced eviction from their […]

NextGen Leaderboard-728×90-1f