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I have everything he needs at home to care for him. All the apparatus and a caregiver to help me. I am his health care surrogate. What can I do?

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You definitely don’t need an attorney. You can take your husband home against Medicaid advice. They aren’t holding him captive at rehab.
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What is the explaination they give you to not release him??
If you feel like you should be able to take him out and they are being unreasonable you will probably have to consult an attorney. At a minumum contact your states attorneys office and find out what are rights
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JoAnn29 Nov 2020
You don't need an Attorney. Rehabs are not prisons. You don't even have to go to rehab, you can turn it down. My GF had her leg amputated and turned it down. I would call the Ombudsman before I called a lawyer.
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My mom did rehab. Did you have meeting with his social worker yet?

When my meeting was set for my mom’s assessment with the social worker and staff. They recommended that mom stay longer but not indefinitely. Are they recommending that he should be a resident at the facility?

Ask for specific details. I asked questions about all of my concerns. I kept a notebook to write my questions and notes that were important.
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If you can prove its a safe discharge you should be able to take him home. When Mom was in rehab I was watching every penny to keep her in AL. I told them that Mom could not afford to be in over the 20days that Medicare pays 100%. She was discharged in 18 days.

You can take him AMA. They may not send him home with prescriptions but you can get them from his doctors. Medicare will pay the bill up till then as will your supplimental so don't let them tell u otherwise.

I had a friend who was doing home dialysis for her husband for months. When he was sent to rehab they would not send him home because they didn't think she could do it. She told them she had been trained. It took her a few months to finally get a doctor to admit she could do the job and discharged her DH.
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From what your profile says, it sounds like they have valid concerns and aren’t actually refusing to allow him to leave. Have you spoken to the person in charge at the rehab? It sounds like you can take take him hone but they are using the old AMA myth to scare you. Leaving against medical advice isn’t advice but you can certainly do it and Medicare will still pay the rehab bill.
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