Ashley Ford
Medicaid Specialist, Bucks County Elder Law
- December 16, 2024
- Elder Law
You Can’t Go Home but You Can’t Stay Here:
When Nursing Homes Says, “No Long-Term Care Beds,” Here’s What You Need to Know
If you or someone you care about has ever been admitted to a nursing home for rehabilitation, you might have faced this frustrating scenario: you’re recovering, and then the doctors and nurses tell you that you need 24-hour care. They explain it’s unsafe for you to go home—but then they hit you with, “We don’t have any long-term care beds available.”
Let me be clear: if the nursing home is Medicaid-certified, this isn’t just frustrating—it’s a potential violation of your rights.
How Medicaid Certification Works
In Pennsylvania, nursing homes that are Medicaid-certified must follow federal and state regulations that protect residents. Upon admission to one of these facilities, you’re supposed to receive an “MA-401 Admissions Notice Packet”. This document outlines your rights as a resident, including your right to fair treatment regardless of how your care is paid for. A Medicaid-certified facility cannot deny long-term care to an eligible resident simply because they’re transitioning to Medicaid coverage. If you’re already in a bed for rehabilitation, and the facility claims they don’t have “long-term care beds,” what they’re often really saying is they don’t want to keep you as a Medicaid resident. However, legally, they’ve agreed to accept Medicaid patients when they certified their facility.
What About 30-Day Discharge Notices?
Let’s address what happens when a nursing home tries to discharge someone. Federal and state laws dictate that a facility cannot discharge a resident against their will without a 30-Day discharge notice. A discharge notice can only be issued under the certain conditions.
Most commonly, they may transfer a resident to the hospital in an emergency. Other reasons include, the facility closing, you’re a danger to others in the facility, you haven’t paid your portion toward care, the facility cannot meet your level of care or you simply no longer need nursing care because you’re clinically stable.
Here’s where it gets tricky: if the facility’s own staff determines you require 24-hour care and it’s unsafe for you to go home, it’s difficult to justify the claim that they cannot meet your needs, especially if they’ve been providing your care already.
Even if the discharge notice is issued and valid, the facility has a responsibility to ensure a safe transition. This means they must assist in finding another facility that can meet your needs or provide a safe alternative. They cannot simply hand you a notice and leave you stranded.
What Can You Do?
If you or a loved one is told to leave a nursing home after rehab, but the facility has determined you need long-term care, you have options:
- Request the discharge notice in writing: Ask for specific details about why the notice is being issued.
- Reference your MA-401 packet: Remind the facility of their Medicaid obligations and your rights as outlined in the admissions notice.
- Push back on claims of “no long-term care beds”: Especially if you’re already occupying a bed, this claim is often a pretext.
- Contact your local Ombudsman program or the Pennsylvania Department of Health: Report potential violations to hold the facility accountable.
Why It Matters
When nursing homes claim they have no long-term care beds, they place an unfair burden on families and disregard residents’ rights. Medicaid-certified facilities are legally obligated to treat all residents fairly, regardless of how their care is funded.
This issue isn’t just about beds—it’s about ensuring people receive the care they need when they’re most vulnerable. Knowing your rights can make all the difference when dealing with a nursing home attempting to push someone out.
Share Your Story
Have you experienced something like this? Sharing your story can help hold facilities accountable and ensure others know how to advocate for themselves. Together, we can work to protect residents and demand accountability from care providers.
To Learn More
Call Bucks County Elder Law to register for your FREE Zoom Workshop and your FREE no obligation consultation. Henry and the Team at Bucks County Elder Law are here to help guide you in the right direction. Give a call today at 215-493-0727.