QUESTION

What to do when hospital releases patient before Medicare appeal has been decided?

Asked on Feb 04th, 2020 on Elder Law - Indiana
More details to this question:
Horrible experience with local hospital.. My Dad admitted on 1/23 for uncontrolled vomiting..they call on 1/25 & say he's being released. I go there to get him, they say he has to have ct scan before being released. They find tumor in colon and do emergent surgery..it's cancer.&He ends up with colostomy bag on 1/28. they try to release him on 1/31 but I don't feel he medically ready since goals were not met that were set by surgeon( solid foods & being able to walk around on his own after being bedfast) so I tell hospital staff I'm going to file Medicare appeal..which I did 2/1... hospital released him 2/3, without notifying us, even tho they knew I had filed appeal. I spoke w/ appeal person on 2/2 and she told me he'd stay in hospital until appeal decided on 2/5. I told 3 diff nurses that we were appealing. My Dad even tried to refuse discharge but they gave him 1 hr notice before shuttle from nursing home picked him up.
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1 ANSWER

Wills Attorney serving Austin, TX
2 Awards
This is a nationwide problem.  Appeals must be taken by noon of the day after receiving a written discharge notice and are rarely successful because the hospital is only required to present the information supporting its decision while the patent and the patent's family rarely know to involve the doctors and present the full written picture.  You might want to talk with a local elder lawyer.  If so, use the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)
Answered on Feb 05th, 2020 at 5:13 AM

This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.

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