Q: Could I have the right to appeal if hours of support we're not enough?
My 85 y/o fell 1st time broke left hip they took forever to assist with additional hrs of provider care from superior They never return calls until they did they said I could not appeal because they had increase 22to 28 hrs weekly only if it was lower we could appeal. My mom Broke hip 1st time month ago yesterday she fell again and broke the other side due to lack of support we had to pay out of pocket to have have her with private care she has Medicaid and Medicare. Also suffering from dementia I just feel that someone with dementia should have more than 28 a week in provider help. Another excuse they gave was that someone that is bedridden would get 40 a week. But in my opinion it should have been someone who doesnot know right from wrong there was times she would leave the gas running. So we had to pay out of pocket to have private care. While we wait for superior to evaluate and later come with 28 hours.
A: I am very sorry that home health care is so limited. Because it is, people like your mother who cannot pay privately for care 24/7 wind up in a nursing home, usually qualifying financially for Medicaid within six months. Talk with her physician about both the severity of her dementia and whether he thinks she is able to perform all six of the "activities of daily living" without "substantial assistance."
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
