For example, does each check you write every month for thousands of dollars:

1. protect your loved one’s life savings for a healthy at home spouse living on a fixed income?
2. provide any quality of life enhancement to your loved one?
3. avoid Texas Medicaid Estate Recovery claims?

If your loved one is burning through their resources without receiving any of those benefits, then contact The Shea Law Firm and start getting more for your money.

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1. How Long Will You Have To Pay The Nursing Home Bill?

For one year, the average cost of a nursing home in Texas now exceeds $52,000. How long can your family afford to keep up at that rate? It is more important than ever to review your situation with an experienced Texas Medicaid attorney that can help you pay for the nursing home without going broke. Not taking advantage of this opportunity can cost you $52,000 or more, every year.

For married couples it is critical to protect your assets before you write too many of those large checks to the nursing home because once the money is gone it can’t be brought back. I can’t stress enough how important it is to maintaining your standard of living that you speak with an experienced Medicaid attorney when your spouse needs nursing home care. With the proper advice and representation you can protect a lot more than you might think, but you have to take that first step and contact us or call us at 832-592-7913. Do nothing and you may very well be impoverishing yourself while enriching the nursing home.

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1. Texas Nursing Home Costs Up 6.8%

What is a “Responsible Party?”
At first glance it may sound like the primary family contact in the event the nursing home needs to contact someone. However, in reality many nursing homes are defining “responsible party” to include personal financial responsibility for the resident’s nursing home costs. Depending on the language used in those provisions you may be voluntarily giving them the right to come after you for payment of nursing home bills. By the way, those bills average around $5,000 per month.

How To Avoid It
You may be surprised, but it is actually illegal for a Houston nursing home or a nursing home anywhere in Texas to require a family member to take on personal financial responsibility in order to admin a loved one to a nursing home. However, if you take on that liability voluntarily then you no longer have the protection of the law. You are only protected if they required you to assume personal financial responsibility.

Know What You Are Signing
Do not be a victim of these predatory practices by signing the admissions contract without reading it. If you are not sure about any provisions of the contract contact us and we can review it.

If you would like more information on Texas Medicaid and how to pay for the nursing home without going broke and losing everything, contact us at 832-426-3913.

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Here are the basic rules concerning installing a “granny cam” in a Houston nursing home:

1. The nursing home must permit the resident or the resident’s guardian to monitor the room through the use of electronic monitoring devices. They cannot refuse your proper request to install a camera.
2. You must make a formal request to install a “granny cam” on the form required by the Department of Aging and Disability Services;
3. You must obtain the written consent of other residents in the room;
4. The nursing home shall require a resident (or their guardian) who conducts authorized electronic monitoring to post and maintain a conspicuous notice at the entrance to the resident’s room. The notice must state that the room is being monitored by an electronic monitoring device.
5. The nursing home may not refuse to admit an individual  and may not remove a resident  because of a request to conduct authorized electronic monitoring.
6. The nursing home must make reasonable physical accommodation for authorized electronic monitoring, including: (1) providing a reasonably secure place to mount the video surveillance camera or other electronic monitoring device; and (2) providing access to power sources for the video surveillance camera or other electronic monitoring device.
7. The resident or the resident’s guardian must pay for all costs associated with conducting electronic monitoring, other than the costs of electricity. The resident or the resident’s guardian or legal representative is responsible for: (1) all costs associated with installation of equipment; and (2) maintaining the equipment.
8. The nursing  home may require an electronic monitoring device to be installed in a manner that is safe for residents, employees, or visitors who may be moving about the room.
9. If authorized electronic monitoring is conducted, the nursing home  may require the resident or the resident’s guardian or legal representative to conduct the electronic monitoring in plain view.
10. The nursing home  may but is not required to place a resident in a different room to accommodate a request to conduct authorized electronic monitoring.

Contact us at (832) 592-7913  if you need help finding a nursing home, getting the best care there, or paying for it without going broke.

Related posts:

1. The Only Reasons You Can Be Legally Discharged From a Nursing Home
2. 9 Questions You Must Answer Before a Loved One Enters a Nursing Home

It may not always seem like it, but nursing homes are subject to certain laws that they must follow. While it is not uncommon for nursing home administrators to make threats to family members about discharging their loved one for any reason they can think of, there are only a handful of valid legal reasons that a nursing home can discharge a resident against their will. Unfortunately this is a growing trend with Houston area nursing homes which I hope does not spread to other parts of Texas. One of the most common situations arises when the nursing home resident has applied for Medicaid benefits and stops paying the nursing home while the application is pending which can be 45-90 days or more if a hearing is required.

Let’s start at the beginning, which is a nursing home cannot discharge a resident unless they can fit the discharge into one of the valid legal reasons below. They cannot make up a new reason on their own, it has to be one of these established reasons. Here is the law, exactly as written in Texas and in the Federal Code:

The facility must permit each resident to remain in the facility and must not transfer or discharge the resident from the facility unless:

(1) the transfer or discharge is necessary for the resident’s welfare, and the resident’s needs cannot be met in the facility;

(2) the transfer or discharge is appropriate because the resident’s health has improved sufficiently so the resident no longer needs the services provided by the facility;

(3) the safety of individuals in the facility is endangered;

(4) the health of other individuals in the facility would otherwise be endangered;

(5) the resident has failed, after reasonable and appropriate notice, to pay for (or to have paid under Medicare or Medicaid) a stay at the facility. For a resident who becomes eligible for Medicaid after admission to a facility, the facility may charge a resident only allowable charges under Medicaid;

(6) the resident, responsible party, or family or legal representative requests a voluntary transfer or discharge; or

(7) the facility ceases to operate or participate in the program which pays for the resident’s care.

Number 5 is the rule that comes into play when a nursing home resident has applied for Medicaid and an overzealous Administrator believes they can easily discharge a resident while the application is pending. As you can see, the rule is not written as clear as it could be to include a prohibition of discharge while a Medicaid application is pending. In my opinion, even as poorly written as it is, it does leave the door open to prevent a discharge while the Medicaid application is pending if you make the right argument. Unfortunately, the people responsible for interpreting and applying this rule are the Health and Human Services Commission who may take a different approach for policy reasons. If they disagree with this interpretation then your last chance is to appeal to the appropriate court and attempt to convince a judge. Remember, it is the nursing home’s burden to prove the discharge satisfies the criteria above; it is not your burden to prove anything prevents the discharge.

Get Help Today

This is only the beginning of our discussion on improper discharges from Houston nursing homes. If you or a family member has been the victim of an improper discharge contact us and share your story so other families can avoid nursing homes that act in this what I consider illegal way. If you are a nursing home administrator that rejects this horrible practice and will not attempt to discharge a resident simply because they applied for Medicaid let us know so we can recognize your fairness.

If your family member is going to be applying for Medicaid benefits in the future, be prepared and consider obtaining legal help before the resources are all spent on the nursing home that may end up attempting to discharge your family member that gave them all of their money. Call (832) 592-7913 today.

TexasTitle19.com is your connection to an experienced Houston Medicaid Attorney who can help you find the right nursing home, get the best care, and pay for it all without going broke. We are currently focused on Harris and Montgomery Counties, including the areas of Houston, Conroe, The Woodlands, Spring, Tomball, Humble, and Katy. We also provide Elder Law and Medicaid consulting services throughout all of Texas.

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1. How To Install a Granny Cam in a Texas Nursing Home

Those are just a few of the questions I help local families solve and today I have a new free resource available to all of the families that visit TexasTitle19.com looking for answers to those questions.

I am proud to announce the availability of my free guide to nursing homes in the greater Houston area. At this time only nursing homes in Montgomery and Harris County are included; however the information about how to find a good nursing home and pay for it without going broke applies no matter where you live in Texas. In the future I will be including additional neighboring counties to the Nursing Home Guide.

You can download your free copy of the Texas Nursing Home Guide by clicking on the link below.

Houston Nursing Home Guide

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The decision to place a family member into a Texas nursing home is one of the most difficult decisions you may ever be asked to make with skyrocketing annual costs and various standards of care provided to residents. That is why it is important, if that time comes, to have a plan and to know what questions to ask.

In a perfect world, you would have plenty of time to visit the nursing homes, talk to the residents, meet the care staff, sample the food and so on. Unfortunately, we do not live in a perfect world. Decisions often have to be made quickly and without a lot of information or comparisons.

TexasTitle19.com’s Mission Is to Help You

1. Find the right nursing home;
2. Get the best care there;
3. Pay for it without going broke.

In order to accomplish all of this, your Texas Medicaid Attorney uses a systematic approach to learn about you, your wants, needs, and preferences. Once your attorney has gathered sufficient information, then he is able to identify virtually every Texas nursing home (based on Federal and State investigation reports and other data) to find the nursing homes which can meet your needs. But that is just the start.

Next, you need to know what questions to ask to make an informed choice. Here are some of the basic things to consider:

1. Is a nursing home necessary or are there alternatives?

Nobody has ever said they were looking forward to going into a nursing home. Yet, often there are alternatives that people simply do not know about. Talk to your physician, social workers, and other professionals to see if there are assisted living, home health care, or other alternatives for you.

2. How do I find the right nursing home?

The best way is to take a systematic approach like we discussed earlier. If this is not possible, at the very least, shop around. Personally visit each nursing home you are considering (make unannounced visits) and ask for recommendations.

3. Once I find the right nursing home, how can I get in?

Surviving the admissions process is not always easy. Be up front with the nursing home’s admissions director, be prepared to tell them all about your situation, including your finances.

4. Who will pay for my care: me, Medicare, Medicaid?

Again, it depends upon your personal situation and a knowledge of this difficult area of the law. You also have to be sure to take advantage of the special protections available for your spouse, if he or she will not be in the nursing home. Your Texas Medicaid Attorney can help you through this entire process and review your asset protection options.

5. Can they make my kids pay for my care?

Not if you handle the admissions process properly. Just be careful not to sign everything that is put in front of you without a thorough understanding of all the documents.

6. Once I get in, how can I get the best care there?

The key here is to have a proper care plan in place. That is a plan developed by the nursing home staff professionals (and you) to determine exactly what kind of care you will get. Putting a proper care plan in place is perhaps the most important step you can take, the care plan is part of your contract. If you feel that you can not be the best advocate for yourself, then your Texas Medicaid Attorney can help protect your rights during this vulnerable time.

7. Can I be moved around the facility, from room to room, once I am admitted?

There are several protections for you under Federal and State law. Often, people are moved without proper notice, and even without proper authority. Spend some time learning about your rights as a resident, or work with someone who will be an advocate for you.

8. What are the nursing home’s duties to me?

Ask them for a copy of their duties under the Nursing Home Reform Act. Because of a previous history of inadequate care, in the late 1980s Congress passed laws which outline the minimum standards for health, safety, and resident rights in nursing homes. Chances are you will be surprised and pleased to learn of all your rights; but it is necessary that you take the time to learn your rights.

9. Is there someone who can help me with all of this?

You can get help from many professionals: from an Elder Law attorney to a geriatric care manager, to social workers. Be sure to deal with a professional who understands the broad range of issues that arise when you or a loved one goes into a nursing home. TexasTitle19.com puts you in touch with a Texas Medicaid Attorney that is dedicated to: helping you find the right nursing home, get the best care there, and showing you how to pay for it without going broke. Your quality of life is at stake, who is on your side?

The attorneys that participate in TexasTitle19.com offer a variety of services from basic educational information and computer analysis to comprehensive legal services including Title 19 asset protection, review of admissions agreements and care plan representation, all the way through “length of stay” representation. You choose what services you want and your attorneywill price the legal fee accordingly. Many can tell you up front exactly what it will cost.

TexasTitle19.com has attorneys available in almost every part of Texas, including: Houston, Dallas, Austin, San Antonio and smaller communities.

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