It is a common nursing home myth that beds are designated as either long term or short term. This is simply untrue! The fact is, if a nursing home is licensed in California, it must meet California nursing home standards. Nursing home facilities are able to perpetuate this myth by improperly discharging residents as their Medicare coverage expires, using common reasons such as the resident no longer needs rehabilitation services or the facility is not a long term care facility.

If you are being discharged from the facility while still being covered under the 100-day Medicare benefit period, you have a right to appeal. Before you are discharged, the facility is required to provide you with the Important Message from Medicare. This notice will explain how to file an appeal. You can stay in the facility and continue to get Medicare coverage if you file the appeal before you are discharged.

If you do not win the appeal and your Medicare coverage is terminated, you should not be forced to leave the facility. You may stay. However payment must be arranged, as the resident is then financially responsible for services received. If the facility accepts Medi-Cal and you qualify, the facility will be prohibited from discharging/evicting you once the Medi-Cal application has been submitted.