When a medical emergency hits your family, knowing what to do next can be very difficult. You need to understand the process for getting care costs covered and must be cognizant of your rights and obligations when seeking nursing care.
Vitt Law Offices, PLC has the knowledge necessary to help families in emergency medical situations. If you or someone you love must seek immediate care and is discharged into a nursing home, we can help. We’ll provide personalized advice on issues ranging from getting costs covered by Medicaid to ensuring nursing home admissions paperwork does not abridge your rights. Give us a call at (434) 971-3025 to find out more about the personalized assistance we can offer and to get answers to questions including:
- Are there options for getting Medicaid to cover emergency nursing care?
- What issues need to be addressed in an emergency medical situation when nursing home care is necessary?
- How can a Charlottesville Medicaid planning attorney help with emergency Medicaid and nursing home care?
Understanding Medicaid and Emergency Nursing Coverage
Applying for Medicaid can be a lengthy process which involves submitting an application and providing documented proof of residency, resources, and income levels. Generally, it is not possible to immediately apply for and become eligible for Medicaid just because you find yourself facing a medical emergency.
A medical emergency can, however, trigger emergency Medicaid payments for life-saving care under certain circumstances. If your medical emergency causes you to need ongoing care or to be admitted to a nursing home, it is also becomes important to begin the Medicaid application process as soon as possible.
Because Medicaid is for people with few resources and low incomes, you could run into problems qualifying for benefits if you have acquired property or have any type of nest egg. To avoid these problems, it is best to have a Medicaid plan in place well before you need costly medical assistance or nursing home care.
Your Legal Rights and Obligations for Medicaid & Emergency Nursing Care
A Medicaid plan made at least five years before you must get nursing home care can ensure you qualify for Medicaid coverage without spending all of your own money first. Medicaid planning generally means structuring ownership so an irrevocable trust owns your assets instead of you. When you have transferred assets and Medicaid no longer counts them, you can get covered more quickly in an emergency. Medicaid should kick in once you have demonstrated that you meet income and resource limits. If you do not make plans in advance, you could be forced to spend down your money and even sell property until you meet Medicaid’s resource limits.
Getting costs covered through Medicaid is just one of many issues that may arise as a result of a medical emergency. In some cases, when a medical emergency is truly dire, the most important issue is whether you want life-saving or life-extending care like CPR or the use of a feeding tube. Having an advanced directive in place and naming a healthcare proxy ensures that you don’t have to worry about whether you will get unwanted care in a medical emergency.
When you need to go into a nursing care facility after a medical emergency, there are also issues to address. In addition to trying to get Medicaid to cover the bills, you need to make sure that the nursing home is a safe place to live and that appropriate care will be provided.
Reviewing nursing home policy provisions is a good way to start, as is reviewing the bill of rights for residents. If the nursing home admission agreement contains an arbitration clause, it is essential to consider carefully whether you wish to agree to arbitrate disputes. Being forced to submit an abuse claim to arbitration if elder abuse occurs could make it harder for victims and their families to get full and fair compensation
These are just a few of the many issues which arise when a medical emergency happens. You need a lawyer with experience who can help you to make informed, level-headed decisions throughout the entire aftermath of the emergency.
How Can a Charlottesville Medicaid Planning Lawyer Help In a Medical Emergency?
Vitt Law Offices, PLC has helped many patients and their families in emergency medical situations. We’ll help you to understand your options for getting Medicaid benefits and getting costs covered. We’ll also assist with other aspects of nursing home admissions that can affect your rights and your obligations. Give us a call today at (434) 971-3025 or contact us online to find out more about how our Charlottesville Medicaid planning lawyers can help you.