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The SW at the SNF is asking me to move my uncle before we get the decision. Is that legal?

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I would call whomever is handling the appeal process. I honestly do not know.
You may just need to say that the appeal is still being processed and hang up the phone.
There isn't much of a place for the SW to go with that response.

I just tried to find anything regarding the legalities of this online and was met with a deluge of information, none of it giving the information you need.

I am hoping Igloo, or any SWs we have on site have a clue of what to tell you; I sure don't.
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Reply to AlvaDeer
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Is your Uncle in Rehab? Because from what I just read Livanta is Medicare which only pays for rehab.

This is just my opinion. If an appeal is in the works, then I would say no. You may want to call Medicare for that answer. Has uncle reached his 100 days that Medicare allows? If so, then he needs to be transferred to Long-term care with Medicaid pending if he can't afford private pay. Some LTC facilities will not do Medicaid pending.
You can call an Ombudsman asking if the SNF can force Uncle out during an appeal.

Medicare only pays 100% the first 20 days. From 80 to 100, 50%. Your Uncle is responsible for the other 50% either personally or thru supplimental insurance. After 100 days Medicare will not pay. If Uncle needs more care he needs to go into LTC on his dime or apply for Medicaid.

Care, yes if the SNF is not being paid, I think, they can stop Physical Therapy. They still have to feed, give the patient meds and care for physical needs I am sure. Another question for an Ombudsman.
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Reply to JoAnn29
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Livanta does the appeal process very fast, like 24-72 hours. & they let the provider know by phone as well as online. Has this happened?

FWIW here’s this weeks health policy wonk factoid:
Livanta is an outside contractor for CMS. CMS / Centers for Medicare & Medicaid is the federal hub for everything Medicare and the federal side for Medicaid. CMS has a HQ & regions and Livanta does appeals for Region 2,3,5,7,9. Livanta handles the Medicare appeals process + SSR (short stays) + HWDRG (complex diagnosis) and done online via a review of the Medicare beneficiary health charts (which are already in CMS system as Medicare is paying). Like when you go into rehab from a post hospitalization stay, both are paid for by Medicare as your primary health insurance. And Medicare pretty much requires for all data to be entered in order for an approval to happen (& therefore for a payment to happen so it flat gets done) and then it’s updated SUPER regularly. Like basically daily. So the Livanata review is done based on all the existing data that has been entered almost in real time so it’s a pretty solid decision.

Queenhold, a facility is not supposed to discharge patients until appeal determination is done. Medicare is strict on this as they require a CONTINUUM OF CARE approach from any place getting Medicare $. What I’d suggest you do asap - like today - is sit with billing or SW at the NH and they go into ARROW. Arrow is the online portal for providers in Livanta service area to see the status of a patient. The website is livantaqio.cms.gov. Your family member has a patient # and they are there on a type of care plan. So if you are in New Jersey, it would be NJ-12345 (patient#)-AP (type of care plan). determination are quite fast.

Doing an appeal is not uncommon. Ancedotally it seems to have really increased in the postCovid landscape, but that’s another story for why happening. It could be that the SW has seen and many times before patients with the same care needs / plan and the SW know the appeal is dead in the water, there is nothing more they can do under the Medicare based reason for care, so they are trying to get across the point that anything Medicare pays for is over and you/POA have to make a decision asap as to where your family member is to be discharged to. If a return home is out of the question, then you have to let the place know how the transition from being a patient under Medicare to then a custodial care resident staying put will be paid for. Or what other facility they are moving to so they do the discharge report to send to the new place. And someone in the family will have to take the lead in all this, do whatever needed. Like if it’s LTC Medicaid bed where they currently are, someone has to get documents needed and sign off on admissions, billing, etc. You should straight out ask the SW if your family member can stay there, there is always the possibility that this place cannot have him stay there.

Try to stay calm, it’s easy to get overwhelmed as most of us never have had to deal with all this all at once plus deal with family drama as well.
Do realize that SHOULD the family do nothing, the facility will do a 30 Day Notice which is basically an eviction notice. It gets Cc’d to APS and a probono legal center in the region. And will bill whomever they can in the family full private pay rate for every day your family member is there.
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