This Order Following Hearing on Appeal of Return to Hospital - Center from Authorized Leave is an official document from the Michigan State Court Administration Office, and it complies with all applicable state and Federal codes and statutes. USLF updates all state and Federal forms as is required by state and Federal statutes and law.
Michigan Order Following Hearing On Appeal of Return To Hospital Or Center From Authorized Leave
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Michigan
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MI-PCM-232
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FAQ
The courts have ruled that you cannot refuse to be discharged from hospital. In 2004 and 2015, hospital patients contested NHS advice that their care needs could be managed outside a hospital setting. On both occasions, English courts sided with the NHS and ordered the patients to pay costs and vacate their rooms.
The first level of an appeal for Original Medicare is called a redetermination. A redetermination is performed by the same contractor that processed your Medicare claim. However, the individual that performs the appeal is not the same individual that processed your claim.
California's Health and Safety Code requires hospitals to have a discharge policy for all patients, including those who are homeless.
If you don't feel ready to leave the hospital, call the QIO and explain that you're filing a fast appeal of a pending discharge. You can call during the day or at night up until just before midnight on the day that the discharge was set to occur.
You have the legal right to leave and there is no law requiring you to sign discharge documents. With that being said, you should prepare a letter explaining why you have decided to leave. Keep a copy of the letter for yourself and give a copy to the hospital administrator.
However, if you are admitted to a hospital as a Medicare patient, the hospital may try to discharge you before you are ready. While the hospital can't force you to leave, it can begin charging you for services. Therefore, it is important to know your rights and how to appeal.
First Level of Appeal: Redetermination by a Medicare Contractor. Second Level of Appeal: Reconsideration by a Qualified Independent Contractor. Third Level of Appeal: Decision by Office of Medicare Hearings and Appeals (OMHA) Fourth Level of Appeal: Review by the Medicare Appeals Council.
You may have the right to ask the BFCC-QIO for a fast appeal. Follow the directions on the IM to request a fast appeal if you think your Medicare-covered hospital services are ending too soon. You must ask for a fast appeal no later than the day you're scheduled to be discharged from the hospital.
Refusing a Proposed Discharge Ask to speak with the hospital Risk Manager and let them know you are unhappy with your discharge plan. If a hospital proposes an inappropriate discharge, you may refuse to go.