Nursing homes routinely seek the signature of a family member on nursing home agreements, calling the signer a “responsible party” or sponsor for the resident. Federal Medicare and Medicaid law provides that participating facilities must “not require a third party guarantee of payment to the facility as a condition of admission or expedited admission or continued stay in the facility.”
Nonetheless, if federal benefits prove to be unavailable, there is an increasingly likelihood that nursing homes will seek collection from family members.
Wilton Meadows Limited Partnership vs. Sally Coratolo
Here’s an example of a collection case that one of our attorneys handled before the Connecticut Supreme Court by successfully defending a client against a proposed collection tactic by a nursing home (Wilton Meadows Limited Partnership vs. Sally Coratolo):
The client’s husband was a resident of the facility and was unable to pay for the first months of his stay. About 6 months after his death, the facility filed a complaint alleging that the client was liable for her husband’s debt. We took the case to trial and won, proving that the wife could not be a third-party guarantor of payment.
This case is an important one because it shows that nursing facilities are looking for alternative grounds for recovery beyond the admission agreement and it underscores the Court’s intention to prevent the admission agreement from requiring third party guarantors of payment.
If you find yourself involved in a collection action by a nursing facility, you need to contact us immediately.
Read below for related information about nursing home agreements that you should know.
Beware of Signing a Nursing Home Agreement
What You Should Know Before Signing a Nursing Home Agreement (video)
The One Thing You Should Know About Nursing Home Evictions
Nursing Home Resident Rights: Know Them, Stand Up For Them
Are You Liable for a Spouse's Debt?
Long-Term Care Facilities: Are You Being Treated Right?
A Good Reason NOT to Sign a Nursing Home Agreement for a Loved One While You're At the Nursing Home