My father has a dr order for a motorized scooter but the facility he lives in isnt allowing him to have one without paying a $3500 security deposit. He is low income and getting community care help. We were told by them that his coverage would be dropped if he came up with the money because it would be seen as a "income" Prior to moving in we saw others with scooters so we never thought it be a problem. Can they ignore a dr order and discriminate for being low income?
While it is an older document (2013) , read it and see if you can find an updated one. It is a lot of legalize. I would imagine you can 'work with the facility' administrator first, hopefully, before taking more serious action. However, they also need to know you / your dad are serious and need legal, straight answers.
The other thought / question I have is about the contract you/r signed upon move in. Does the facility have the right to kick your dad out, etc. for any reason or no reason. Read the fine print.
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https://www.healthcapusa.com/blog/motorized-mobility-aides-in-the-ltc-residence-policy-considerations/
In part:
Motorized Mobility Aides in the LTC Residence – Policy Considerations
ANGIE SZUMLINSKI JULY 8, 2013 UNCATEGORIZED
John P. Hessburg, Margaret A. Chamberlain and Andrea S. DeLand
The Kitch Firm, Attorneys for Health Cap
The use of motorized “scooters” or mobility aides in a long term care setting has been a polarizing issue. On the one hand, these devices enable many individuals to maintain an independent lifestyle. On the other hand, these devices can present safety hazards that can result in serious injuries leading to regulatory violations and civil liability. Because the seriousness of the risks and potential consequences, the obvious answer might seem to be, to limit the use of motorized mobility aides (MMAs), or to simply to ban them altogether. After all, whether the community is a skilled nursing facility, assisted living or simply independent senior housing, there is a duty to provide a safe environment for all individuals living in the community. This is best done by implementing appropriate policies that are developed within the framework of applicable rules and regulations.
Policy considerations regarding the use of MMAs are complex and require an artful balance of a resident’s rights with the rights of the facility and the rights of other residents. These “rights” are defined not only in the Federal Regulations that govern nursing facilities but in independent Federal and State statutes. An understanding of the relevant law is necessary in order to develop a sound MMA policy. The following overview is intended to provide you with a fundamental understanding of the issues, as well as some tips for practical application in the development of your own MMA policy.
Federal Law - In addition to the OBRA regulations governing nursing facilities, senior housing communities of all types must comply with other Federal laws including, but not limited to, the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA). Regardless of licensure, a senior housing community could be the subject of a discrimination claim for violating the ADA or FHA if unreasonable restrictions are placed on the use of MMA’s. Of particular significance is the fact that due to the influx of injury to person and property by motorized mobility aides, the Federal Government revised the ADA regulations effective March 15, 2011.
It is clear from the revised regulations that housing providers must permit manually operated wheelchairs and other manually operated assistive devices without exception. Housing providers must also permit individuals who use other power-driven mobility devices to utilize same, unless it can be shown by the housing provider that an individual’s use fundamentally alters its programs, services, activities, or creates a direct threat, and/or safety hazard. This notion is not much different than originally reported. However, the regulations now give guidance to providers in determining what constitutes a “fundamental alteration to its programs, services, or activities, a direct threat, or safety hazard”. 1 More specifically, providers have been granted express permission to utilize the following factors in making the determination...
Gena / Touch Matters
* Ask for documentation.
* How are they substantiating their claim / rules.
- Do these 'rules and regulations apply to everyone? If not, why not and how do they substantiate applying them to one person - or as they 'wish.'
* Contact the facility board that regulates these facilities in your state or county.
This one is for California. I presume each state has their own.
I would contact this one first and then review the rest below:
https://caassistedliving.org/provider-resources/laws-regulations/
In part, this says: RCFE Regulations in California
Residential Care Facilities for the Elderly (RCFEs) in California, which encompass Assisted Living, Memory Care, and Continuing Care Retirement Communities (CCRCs), are highly regulated with a robust body of laws and regulations designed to promote resident independence and self-direction to the greatest extent possible in a residential, nonmedical setting. The California Department of Social Services, Community Care Licensing Division (CCLD) and Continuing Care Contracts Branch enforces these laws and regulations through the initial licensing process and periodic inspections.
RCFEs are regulated by the California Code of Regulations Title 22 , Division 6, Chapter 8. In addition, the RCFE Act establishes additional statutory requirements in many of the same areas as Title 22, and the Evaluator Manual is used for the application and enforcement of laws, policies, and procedures. Additional rules governing Continuing Care Retirement Communities are found in the Health and Safety Code and in the Evaluator Manual for RCFEs with Continuing Care.
There are also new laws which are not yet reflected in the regulations. Although the state has fallen behind in updating the regulations to reflect these new laws, the statutory requirements are in effect and being enforced throughout the state.
CALA’s Commitment to Quality
In an effort to promote compliance with all laws and regulations, CALA provides an archive of DSS Implementation Plans and distributes Regulatory Reminders through a members-only e-newsletter. In addition, CALA has developed a Compliance Audit program through which provider members can ensure compliance in between inspections.
And consider these ________________________________
Could be: CMS has an essential, ongoing responsibility to oversee nursing homes and shares with State agencies the responsibility for ensuring that nursing homes meet Federal requirements for quality and safety.
Is CMS Medicare same as Medicare?
No. The Centers for Medicare & Medicaid Services (CMS) is part of the U.S. Department of Health and Human Services (HHS) and is not the same as Medicare. Medicare is a federally run government health insurance program, which is administered by CMS.
Who Is Ultimately Responsible for Everything That Happens
in an Assisted Living Facility?
State regulatory agencies are ultimately responsible for everything that happens in an assisted living facility, as they're the ones who oversee licensed facilities in their respective states.
Even writing the facility an official letter mentioning these agencies would likely 'perk up their ears' to respond to you / your dad very seriously. Ask for a written response - and / or if you (also) go in person, have someone else with you.
Off the cuff, I would imagine they are concerned about your dad 'driving the scooter' and potentially harming another resident or their property. If this is their 'reasoning / concern,' they need to state it upfront and let you know why - certainly considering you/r dad has medical approval for a scooter.
Gena / Touch Matters
Contact them via email to get documentation.
To get the prior conversations documented in writing, email them with “Per our conversation on (inset date) with (name), you said (what you wrote above).” I have attached a letter gifting my father $3500. A gift cannot be construed as income. If you wish to dispute this, please cite IRS code and show me your bylaws stating a resident is required to submit a $3500 deposit for use of a scooter.”
Document, document, document.
My dad had a housemate that would take off on his scooter in the morning and many evenings the facility would get a call that he needed someone to come get him because his battery died.
His caregivers soon tired of that little game and started refusing to run to the rescue, which is a whole 'nother chitshow story, they had 7 other residents that didn't get full care because one of 2 caregivers was out of the house for 2+ hours dealing with the same issue, that could have been avoided with a slight change in said residents daily activities.
He didn't care what his actions did to others and that is the real problem with these situations.
There were parking rules that he had to follow, one day he parked his scooter in a "No Parking Zone" he got a $50 ticket, 3 tickets and the scooter would have to go bye, bye, fortunately that was his first and last ticket.
You may have to move him to another facility.
Good Luck!
$3500 deposit is quite low for a deposit if he injures a few people, damages furniture and puts dents in walls.
I wouldn't want anyone with a motorized scooter at my Mom's AL/MC facility.
At both ALs my folks lived at, no motorized scooters were allowed....for obvious reasons. A great number of these folks have some degree of dementia going on as it is. Put them behind the wheel of a motorized scooter and the human and property damage they'd cause would be mind boggling. The property damage my folks caused with a regular wheelchair was astounding.
This.
Facilities have to make rules to ensure that all residents are safe. A safety test must be performed in order to ensure that the resident can safely operate the scooter around obstacles including other residents, doors, staff, carts, furniture, etc, as well as show that they know how to control it at a safe speed and how and when to stop it in emergencies. If they pass this, the facility can also assess an additional fee in order to cover any potential damage that the resident could cause with the scooter if they lose control over the scooter.
If they do not pass this test - they can and will refuse to allow the resident to keep the scooter. And request that the resident begin to use a manual wheelchair. Even if the scooter is doctor's orders.
My FIL had a very expensive electric scooter provided by the VA, by his doctor, when he moved into the VA Veterans Home back in April. WE weren't even going to take it because we knew his history with it and knew it would be VERY bad idea. HE demanded that we leave it and made a HUGE stink over it so they asked that we leave it. He was told that he could not use it until he had passed the safety test. He was then gradually allowed to use it in the "assessment phase" with the physical therapist - still being told very clearly that he was ONLY allowed to use it when he was with the PT.
Which meant that he had NOT been tested AND that he was NOT allowed to use it on the weekends because no PT was on site.
He took it upon himself to go joyriding (not even sure why he had access to the key - I guess they just trusted him to follow the rules) over the weekend and had himself a ball - nearly injured several people, scraped a few walls. But luckily no one was hurt.
Monday morning I guess he forgot himself - and got on it just as the PT came into the room - and got busted - she asked him why he was on the scooter when he wasn't cleared for using it without supervision yet. He got mad and told her he had been riding it all weekend and she told him he wasn't supposed to be on it and asked him to please get off of it. He tried to drive around her into the bathroom and apparently hadn't tried THAT over the weekend, lodged the scooter in the door and got trapped. And managed to fall off of the scooter on to the toilet trying to get off of it and it ended up as a 5 alarm call to the nurse's station for help before it was over with.
When it was all sorted out - and he was back in the bed (no injuries - he was totally fine - the poor PT was bruised all over from trying to help him). He looked at her and said "So when will you let me have my scooter back? I'm done with this stupid testing stuff. I want it permanently." She just looked at him and said "you won't be getting it back." He said "what do you mean?" And she said "you couldn't follow the rules. You never even GOT to the test. We'll be calling your family to take it back home."
It's been back home ever since. He won't ever even get the opportunity to try it again because he gets in an argument with them every time it gets brought up. If they talk to him about it, he starts yelling at them about not needing to take a test - that he was a professional driver and he doesn't need a stupid test.
One it was discovered that he had dementia and that there was no point in arguing with him - I think it was just a moot point anyway because he is never going to understand now why he needs to take the test.
But there is a genuine reason why the test is in place. He almost really HURT the PT in just a moment. He came very close to injuring several residents during his joy ride. Not everyone -even doctor ordered - should be driving one in a care facility where people move more slowly and there may be more equipment in the way.
My FIL is learning to use a wheelchair.
I would be careful to not make that accusations as a manipulation, that could get you labeled as a trouble maker and cause your dad problems.
How about you try to find a solution for the issue instead of causing conflict?
I think that the facility is more concerned with liability. Their spaces may not accommodate motor driver devices safely, for the safety of other residents. In a residence full of people without insurance or funding you can imagine the liability they incur.
I would speak honestly with administration. You are, I assume, visiting. Are you seeing anyone with mobility devices? You may need to call an ombudsman if your Dad's doctor has ordered a device that he cannot avail himself of. She/he may help you negotiate the rules and regulations a bit.
Dad may just have to use a wheelchair and be taught how to use it. Medicare pays for that too.