A three month supply which is not expired and do not want to return it to me. She received stronger doses of pain meds and the ones she hasn't finished using they stated they will incinerate them in a red biohazard bag. I don't believe them what are my rights as her legal caregiver
What do you want to do with the leftover drugs?
Is your mother thinking she might go back to these less strong pills some day?
I'm not sure what the benefit would be to your holding them. If she needs them again, won't she just get them again -- either from the supply the facility has held or as a new batch under Medicare?
In other words, what do you care what the facility does with the drugs? Isn't Mom going to be OK no matter what they do?
If they are, in fact, trafficking in excess prescription drugs, that is deplorable and hideous. I hope they get caught. But how is that hurting your mother? They are not withholding her doses when she needs them, right? Sometimes you need to decide which battles are worth fighting. Do you have any other "evidence" that the drugs are winding up on the street, besides your mother's perception that the CNAs are acting "suspicious"? If there is wrong-doing I hope they get caught. IF you have evidence in addition to suspicions then call the ombudsman.
As to your legal rights, and any rules care facilities must follow, I don't know about that for an ALF. I hope someone will be along with information on that aspect of it for you.
In general, it is best to try to establish and maintain a cooperative attitude with the people who care for your mother. Every time to have to "rock the boat" or get argumentative with them it should be truly for something important to your mother's care.