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Common Questions: Nursing Homes

- What is a nursing home?

- Is a nursing home the same thing as an assisted living facility?

- Can I be forced to go into a nursing home?

- Will Medicare or Medicaid pay for a nursing home stay?

- Can a person be evicted from a nursing home?

Q: What is a nursing home?

A: A nursing home is a place that provides trained nursing, therapy and other rehabilitation services to those who due to illness, age or other disabilities are no longer able to fully care for themselves.

Q: Is a nursing home the same thing as an assisted living facility?

A: No. A nursing home is generally intended to provide more complete and ongoing care for its residents than is an assisted living facility. An assisted living facility is designed for those who, for the most part are able to care for themselves but need assistance in only a few aspects of their lives. The care is not as intensive as nursing home care and is intended to aid those who are no longer able to fully care for themselves, but do not need all of the services that a nursing home may provide.

Checklist:

Nursing Homes

Related Articles:

Elder Law Chat Transcript
Getting Help for Long-Term Care
Levels of Nursing Home Care

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Elder Law

Web Links:

CareScout
Elder Law Resources

Q: Can I be forced to go into a nursing home?

A: No. Generally, if a person has not been determined by a court to be incapable of handling his or her affairs, the person cannot be forced to enter a home. However, if it is reported to a social services department that the person may be a danger to themselves then there may be an investigation into whether protective placement is necessary. A conservator or guardian may be appointed if it is then found that the person is incapable of protecting himself or herself.

Q: Will Medicare or Medicaid pay for a nursing home stay?

A: Typically Medicare will only pay for nursing home care on a limited and short-term basis. Ongoing custodial care is not covered. Under limited circumstances it will pay nursing home services if a person is admitted to a nursing home within 30 days of a hospital stay of at least three weeks. Even when there is Medicare coverage, at most it will be complete coverage only for the first 20 days of stay in the home if the home is Medicare certified. Additional partial coverage is then only available day 20 through day 100 in the home and there is no coverage under Medicare for stays longer than 100 days.

Medicaid will provide nursing home coverage in Medicare/Medicaid certified nursing homes if its strict financial eligibility requirements are met. A detailed and lengthy application process is used to determine those who qualify for the coverage.

Q: Can a person be evicted from a nursing home?

A: If a person does not pay their charges the resident can be evicted. In addition, if it is determined by the home that a resident needs to be placed elsewhere due to safety or medical reasons the home may require that a resident be moved. However, to do so, the nursing home must give the resident 30 days notice and the resident must be informed as to the appeal process.

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