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CANHR Advocate Did You Know Articles

Did You Know… A Notice of Medicare Non Coverage is NOT a Discharge Notice?

It is common practice among California nursing homes to accept residents for short-term rehabilitation covered by Medicare and then tell those residents that they must leave after their Medicare days run out. Oftentimes, they will only provide a Medicare Notice of Non-Coverage and pressure the resident to leave. This is not enough.

If a nursing home proposes a discharge after your Medicare coverage runs out and you feel that you still need care, you have the right to refuse the proposed discharge until they give you proper notice. This means that in addition to the Medicare Notice of Non-Coverage, the facility is still required to provide you with a written 30-day discharge notice and meet all other legal and procedural requirements to go forward. If you are on Medi-Cal or would like to apply for Medi-Cal, check to see if the facility is Medi-Cal certified. If so, Medi-Cal will cover the duration of your stay for as long as you need it.

So – just don’t go. Make it clear to the nursing home that you know what your rights are. Contact the local ombudsman for additional advocacy, and file a complaint with the Department of Public Health to report attempted illegal discharge. To read more about nursing home resident discharge rights, read CANHR’s Nursing Home Evictions Questions and Answers Fact Sheet.