Many individuals are receiving care in Residential Care Facilities for the Elderly instead of Nursing Homes (RCFE).
However, there are some problems individuals are reporting while residing in such facilities. One of them is:
SSI as a Payment Source – If a resident of an RCFE runs out of money to pay for their care and qualifies for federal Supplemental Security income (SSI), the facility must accept the SSI board and care rate as payment in full. The 2017 board and care rate is $1,158 per month. The resident must be permitted to keep $132 per month for personal needs and the facility is paid the remaining $1,026 per month. Many facilities do not like accepting the board and care rate and often tell residents that the facility “does not take SSI”. But it has to. 22 Cal. Code of Regulations Section 87464(e) provides “if the resident is a SSI/SSP recipient, then the basic services shall be provided and/or made available at the basic rate at no additional charge to the resident”. The “basic rate” is defined in Section 87101(b)(1) as “the SSI/SSP established rate, which does not include the amount allocated for the recipients personal and incidental needs”.
Another problem is Evictions – that will be addressed in next month’s article. For further information, be sure to check the California Advocates for Nursing Home Reform webpage – www.canhr.org.
Ms. MacDonald’s practice is limited to Estate Planning, Probate & Trust Administration. Ms. MacDonald maintains her practice in the Santa Clarita Valley at 25115 Avenue Stanford, Suite A-209, Valencia, California. She can be reached at 661-294-6464.