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Leaving MC facility due to lack of care
Posted: Saturday, November 30, 2019 12:02 PM
Joined: 7/15/2019
Posts: 7

My mother is 92 yo and developed full blown Alzheimer's 9 mo. ago while living in AL in a neighboring state. After researching 6 MC facilities near me I moved her so I can visit her several times weekly and make sure she is well cared for. Almost from the start, I had concerns about the caregivers and their supervisor. Even tho a detailed care plan was developed and signed my mother was never directed to shower (she can wash herself), her laundry was never done except when I actively went to a caregiver and handed them the basket, her linens never changed except by me, etc. I contacted the executive director and had a detailed meeting with her and the supervisor where I laid out my complaints and was assured of change. At that meeting I told them I was paying for care that I had to provide myself and they agreed.

Nothing changed and I decided to move my mother to another MC facility. I gave 30 day notice and told them my mother would be moving 17 days before the 30 days are up. I also told them I did not want to be charged for those 17 days when my mother wouldn't occupy her room since they had violated her contract by not providing the cares set out in her POC. I haven't heard anything back on my request and I will move my mother in 3 days.

My question is, what recourse do I have if they continue to charge me for the 17 days after she leaves the facility?

Thanks for any ideas

Posted: Saturday, November 30, 2019 1:03 PM
Joined: 5/16/2017
Posts: 580

If you refuse to pay, they may decide to sue you for those days.  Keep detailed dated notes + records of the contract so that if you end up in court, you have valid reasons for nonpayment
Posted: Saturday, November 30, 2019 6:26 PM
Joined: 6/20/2016
Posts: 2302

They'll probably end up suing.  I doubt the contract says "if someone thinks care was not given" is set out as a reason to break the contract.

If nobody signed as being responsible on her admission I guess there's nobody to sue.  If you signed, then they will sue you.
Posted: Saturday, November 30, 2019 6:55 PM
Joined: 2/6/2018
Posts: 280

It sounds like you gave 13 days notice, not 30 days. You need to pay for the 30 days or you're breaking the contract. It's up to the facility whether they want to make you fulfill your contractual obligation. They'll win if it goes to court.
Michael Ellenbogen
Posted: Saturday, November 30, 2019 7:39 PM
Joined: 11/30/2011
Posts: 3126

If they come to you threaten to take them to the folks who over see the AL's. I had just turned the folks in who took care of my mother and trust me they are paying for it big time. I went right to the head of CMS and they reach out to their local office and they surprised them with a visit and found issues.  If all you folks do this more often these places will not continue this crap. You are pay good money and you should demand good service.  They are now or ther radar for more checkups.

Posted: Saturday, November 30, 2019 9:47 PM
Joined: 8/26/2015
Posts: 109

The goal is to show that in some way they are not capable of giving her the care she requires.  I was given this information from my hospice social worker.  They ca cot hold you to the contract if they can not provide her with the care set out in the care plan.
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