Can a senior Medicare + Medi-Cal patient with untreated critical conditions be forcefully discharged by a hospital ?

Question

[ACTIVE situation; urgent help appreciated]. My father is a Medicare + Medi-Cal patient at a hospital ICU in Santa Rosa, CA admitted from acute care facility with a primary condition of pacemakjer failure which wasn't addressed, nor was he transferred to a higher order care hospital. Case mgmt coercing family to consent to discharge to acute care nursing facility almost 90 miles away from family. To force consent, the hospital withdrew critical ICU care ventilator led to desat to 70% O2 and severe bleeding from multiple areas. Patient dealing with multiple critical conditions which need hospital ICU care. If discharged back to nursing facility far away, blocking opportunity to advocate or care for patient safety and visitation from senior disabled spouse it would result in wrongful death of patient.   Guidance on legal and regulatory protection at CA and Fed level needed.   Medicare Livanta appeal declined and 2nd level appeal is the same without any protection of patient from harm.

James L. Arrasmith · Answer

You have the right to advocate for your father's continued care, especially given his critical conditions. Under California law, hospitals must provide appropriate treatment and cannot discharge a patient against their will without proper justification. The withdrawal of vital ICU care and coercion to transfer him far from family may violate his patient rights and could be considered medical negligence. 
 
Immediate steps include contacting an elder law attorney who can help navigate the complexities of Medicare and Medi-Cal regulations. Additionally, reach out to the California Department of Public Health or a patient advocate to report the situation and seek intervention. Document all interactions with the hospital staff and case management to support your case. 
 
At the federal level, the Centers for Medicare & Medicaid Services (CMS) enforce regulations that protect patient rights. You may also consider filing a complaint with the Office of Inspector General if you believe there has been malpractice or wrongful discharge. Ensuring your father remains in appropriate care is crucial, and legal professionals can provide the necessary guidance to protect his health and your family's interests.

Q: Can a senior Medicare + Medi-Cal patient with untreated critical conditions be forcefully discharged by a hospital ?