The managers of a skilled nursing facility are preventing a mentally competent wheelchair user who lives in the facility f...Read more
This question seems to mix up a couple of different rules. First, as an American citizen you can go where you want. But second, the consequence could be that you lose your spot in the facility. My guess is that your care is covered by Medicaid. When a Medicaid recipient leaves a nursing home to visit family it is called "therapeutic leave" and states differ in how long their Medicaid programs will pay to hold a bed for a resident on therapeutic leave; some won't pay anything while others will pay up to 30 days.
If you are absent longer than what New Jersey Medicaid allows (which is 24 days, according to one source), the facility will not be paid. If it is not paid, it may have the right to evict you for nonpayment. The safest bet would be for your family to pay the facility during the additional days you are absent. You may be able to negotiate payment at the lower Medicaid rate rather than at the higher private cost per day.
Local Elder Law Attorneys in Ashburn, VA
Margaret A. O’Reilly is an estate planning and elder law attorney with over thirty-five years of legal experience. Attorney O’Reilly graduated from Duke University with a degree in psychology, and received her law degree from Northeastern University School of Law in Boston, Massachusetts. For over 15 y...
Jean Galloway Ball is certified in Elder Law by the National Elder Law Foundation. She is a 1977 honors graduate of the National Law Center, George Washington University, and she did her undergraduate work at the University of California at Berkeley, graduating Phi Beta Kappa in 1971. She is admitted to practice in Vir...