Reader Question: Jail-Breaking the “Care” Facility?

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Here’s the latest reader question – which is more a commentary, along with some valuable information – along with my reply:

Gary writes: I am going through the same situation you are with my mom as you are with yours. Our situation is so off the rails it is unbelievable. Nevertheless, I am making progress. I have been able to remove my mother from her home twice in the last two weeks for “trips.” Even though she uses a wheelchair, I am able to get her in and out of my car. Once we are in the car, we go where we want to go. I could write a book about our ordeal but I don’t have time right now.  Let me give you three quick tips.  Perhaps, I can write more later.

1.  Shame the local officials.
The Hoffman Estates PD (Illinois) have been called on me three times when I have attempted to visit my mother.  I have never done anything wrong.  Through NUMEROUS emails, I have let all the Hoffman Estates officials (mayor, police chief, legal counsel) know that the warden at my mother’s nursing home is a nobody who has no right to UNLAWFULLY RESTRAIN my mother.  Actually, I call the nursing home admin a landlord because the nursing home is nothing but any apartment building.
2.  Assuming your mom’s nursing home accepts Medicare and Medicaid, checkout these CMS REGULATIONS:
These are the law; they are not recommendations or guidelines.  Here are a couple key passages:
One key takeaway here is that you can’t be charged with trespassing when you visit the facility.  Yes, the nursing-home grounds are private property but they became far less private when the facility decided to take Medicare and Medicaid.

3.  Although it is none of the business of facility or the police, tell them you are removing your mother for a trip to a doctor or medical facility. You do not have to justify anything to anyone.  Heck, you don’t even have to take your mom anywhere near a medical facility.  It is nobody’s business what you do.

My reply: This is some top-shelf information, so thanks are in order first of all. My sister and I have yet to challenge the warden directly in this manner but this gives us hope that we may be able to do so.

I am publishing this so that others who are in this situation can also (hopefully) benefit from it as well.

Thank you!

. . .

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