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The two items commonly found in these agreements that most require your attention are a provision that the one who signs the agreement is liable for the resident's expenses and a provision requiring all disputes to be resolved by binding arbitration. This will give you the power to withhold payment if the care is bad. November 26th, 2013. However, if you do sign a contract including an arbitration provision, it will generally be enforceable. If you sign an agreement with this clause in it, you may be liable for the bills should your relative not be able to pay. A nursing home, however, may require a deposit from a resident who pays for his or her stay without assistance from the Medicaid and Medicare programs. Have an Attorney Check The Admission Contract. After Melissa refused to pay, the nursing home sued her for breach of contract. If possible, try not to sign the agreement until after the resident has moved into the facility. But then it goes on to say that if he does not have sufficient funds, you will help apply for Medicaid and, if Medicaid does not pay, you, the responsible party, may be called to pay from your own funds. Responsible Party will Pay the Resident's Bills, but not Personally.

Should You Sign A Nursing Home Admission Agreement For A

The right to access one's own records. Medicaid will pay for nursing home care for financially eligible residents. You're tempted to flip straight to the last page and sign, just to get it over with. While nursing homes are allowed to evict residents under certain circumstances, they cannot do so for any reason they choose. Many times, I've seen them close to 40 pages long! It is illegal for nursing homes to waive their liability for stolen property. Private Pay Requirement. Specify the nursing home's procedure for filing a complaint. A nursing home cannot require a deposit from a resident if either the Medicaid or Medicare program makes payments for the resident's stay. In contrast, with a court, you pay fees, but these costs are usually much less. A) Within 30 days of approval of a change of ownership by the California Department of Public Health, the skilled nursing facility shall send written notification to all current residents and patients and to the primary contacts listed in the admission agreement of each resident and patient. There are two key words here: "only" and "misapplied. " Requiring at admission that residents waive their rights to Medicare or Medicaid. If you do sign, make sure it is clear you are not personally liable.

Should You Sign A Nursing Home Admission Agreement With Client

Arbitration clauses are controversial, but they are also ubiquitous in admission agreements. Any of the above methods of signing on the line marked "resident's signature" shows that you are not signing for yourself at all, but only on behalf of the resident. It is also illegal for a nursing home to require you to pay privately for a period before the nursing home will accept Medicaid on your behalf. A government insurance program that pays for skilled care for a short period of time. Let's take a closer look at each now: Responsible Party. The resident hasn't paid. Misapplied Income/Assets Liability. Photo Credits Cristian Newman and Anders Nord. We always urge cooperation with nursing-home personnel if feasible, because their job is a difficult one. The right to have one's own personal property. Provisions allowing the facility to force your parent to leave the facility for any reason. Waiver of Liability for Stolen Property.

C) The agreement shall also inform residents of their right to contact the State Department of Health Services or the long-term care ombudsman, or both, regarding grievances against the facility. If this is not agreeable to you, do not sign a contract with an arbitration agreement in it. Often, these signature lines do not define the term "responsible party" but implicitly refer to the fine print of the document, which will contain language making the signing party responsible to pay for the nursing home bill.