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April 15, 2025

Understanding your rights when Medicare pushes for discharge

I’m an advocate for many of my clients, and most know that I’m an expert in Medicare and Medi-Cal benefits. About twice a month, I get a call that starts the same way:

“Help! The hospital wants to send my mom home—but it’s not safe.”

It’s not always someone’s mom—it might be a dad, an aunt, or an uncle. But the concern is the same. Hospitals are under pressure from Medicare and private insurance to discharge patients quickly so that coverage stops. Often, this happens before it’s truly safe.

These discharges can and should be appealed. The appeal process is technically designed for non-lawyers, but it’s often confusing and difficult to navigate. And even though hospitals are legally required to inform families about their right to appeal, they often don’t—or they bury the information in paperwork.

That’s why all of my estate planning clients are told that, if this situation arises, they can call me. My team and I are available to help you advocate for safer discharge planning and to guide you through the next steps.

Our advocacy ensures clients get the most out of their Medicare benefits. And when going home isn’t safe, we help families transition to Skilled Nursing Facilities (where Medi-Cal may pay), or to Assisted Living or other care homes where private pay is required—while still accessing the medical services covered by Medicare.

Knowing who pays for what, and how to access the right resources, can make all the difference in both the cost and quality of care your loved one receives.

If you’re in this situation, and the hospital is pushing for a discharge you’re not comfortable with, give me a call.

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Geisler Patterson Law


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