Legal implications for Hospice to deny patient based on mental health?

[flowergirl1970]

What is the name of your state (only U.S. law)? Ohio

Hello. My sister is schizo-effective. She was recently admitted into Hospice, then I took her back home because she was begging to come back, so I tried my best to care for her, but she has been keeping me up 24 hours a day. I have not gotten more than an hour or two of sleep since she's come back. I contacted Hospice back to ask them to take her back because I am unable to care for her -- physically and mentally -- but they are saying they're not equipped to handle her now. Keep in mind, she cannot even walk at this point without assistance, so she will not be a physical threat to anyone but herself(ie falling). How were they originally equipped to handle her and now they're all of a sudden unable to? Are there any legal implications here? If so, what am I able to do legally? What they said to me was that they could take her for a couple of days until I could find a nursing home to take her to, but she has no money and I can't afford to pay for her to be in one either. She has absolutely no one in this world besides me. I really need advice on what to do.

 

[Proserpina]

What is the name of your state (only U.S. law)? Ohio

Hello. My sister is schizo-effective. She was recently admitted into Hospice, then I took her back home because she was begging to come back, so I tried my best to care for her, but she has been keeping me up 24 hours a day. I have not gotten more than an hour or two of sleep since she's come back. I contacted Hospice back to ask them to take her back because I am unable to care for her -- physically and mentally -- but they are saying they're not equipped to handle her now. Keep in mind, she cannot even walk at this point without assistance, so she will not be a physical threat to anyone but herself(ie falling). How were they originally equipped to handle her and now they're all of a sudden unable to? Are there any legal implications here? If so, what am I able to do legally? What they said to me was that they could take her for a couple of days until I could find a nursing home to take her to, but she has no money and I can't afford to pay for her to be in one either. She has absolutely no one in this world besides me. I really need advice on what to do.

Is she receiving disability?

 

[flowergirl1970]

Is she receiving disability?

Yes, she has been on it her entire life.

 

[Proserpina]

Yes, she has been on it her entire life.

Okay - you really need to see if she can talk to her case worker. If she receives Medicaid, there will be help available in terms of inpatient treatment.

Generally speaking though you cannot force even state-run Hospice facilities into taking a patient they are not equipped to deal with long term.

 

[flowergirl1970]

Okay - you really need to see if she can talk to her case worker. If she receives Medicaid, there will be help available in terms of inpatient treatment.

Generally speaking though you cannot force even state-run Hospice facilities into taking a patient they are not equipped to deal with long term.

It will be almost impossible for her to speak to her case worker. She has advanced brain cancer and the brain has been through extensive radiation and thus she has lost almost all mental capacity. She doesn't make any sense 99% of the time. Moreover, if they aren't equipped to deal with her, why would they have taken her in the first place?

 

[Silverplum]

It will be almost impossible for her to speak to her case worker. She has advanced brain cancer and the brain has been through extensive radiation and thus she has lost almost all mental capacity. She doesn't make any sense 99% of the time. Moreover, if they aren't equipped to deal with her, why would they have taken her in the first place?

To give you a couple of days to find a nursing home, you wrote.

I'm very sorry to read of your troubles. You are a kind sister.

I found this requirement for admission to OH hospices: http://www.odh.ohio.gov/~/media/ODH/ASSETS/Files/rules/final/3701-10 TO 19/3701-19/3701-19-20.ashx

And the whole thing is below:
http://www.odh.ohio.gov/rules/final/f3701-19.aspx

 

[flowergirl1970]

To give you a couple of days to find a nursing home, you wrote. [/IMG]

No, she was originally at Hospice and was going to stay there for the rest of her days, but she told me in one of her moments of clarity at Hospice that she wanted to come home, so I wanted to try my best to try to accomodate that, but it is just impossible for me. I had to do it, because I could never live with myself if I didn't at least try. They even told me that she could come back any time as long as they had a bed, now they're telling me she can't come back at all.

 

[ecmst12]

I would start calling other hospices in the area. Also talk to medicaid and see if they can help you place her.