Nursing homes are long-term medical care communities for older adults who need round-the-clock, hands-on care from medical staff. Older adults with dementia, mobility conditions, or other disabilities often reside in nursing homes for safety and quality healthcare. Nursing homes can be expensive, however, and not all insurance policies, including Medicare, will cover every aspect of nursing home care. It’s not unusual to receive a surprise bill or take on medical debt from a nursing home, but what are your options and rights surrounding this debt?
1. Adult Children Are Always Responsible for Nursing Home Debt
If an older parent takes on medical or nursing home debt, many assume that their children are automatically responsible, especially if that parent passes away. While there are some locations and circumstances where nursing homes can pursue the children of residents for unpaid bills, this is not automatically guaranteed. Not all states have filial responsibility laws that indicate adult children are responsible. Even in states with these filial responsibility laws, nursing homes may not enforce them or pursue action. If you’re being contacted to pay debts for your parents’ nursing home stay, you’ll want to consult with an attorney to discuss your rights.
2. Signing an Admission Form Means You Pay the Bills
A nursing home can’t hold anyone legally responsible for paying the bills as a condition of admission. Signing the admission form as a family member won’t force you to pay their bills, unless you’re signing as a guarantor. Guarantors agree to take on debt or bills on behalf of the nursing home resident. Check the fine print and full agreement of any forms you sign when you admit your loved one to the nursing home. Make and keep copies of all forms you sign as evidence of your actions. It’s against federal law for nursing homes to require third-party payment guarantees as a condition of admission, so if a nursing home attempts this, you may want to back away or consult with an attorney.
3. Medicare Covers All Nursing Homes
Medicare can cover nursing home care, but there are various types of nursing homes and associated costs. There isn’t a guarantee that Medicaid or Medicare will cover all services for your loved one as a nursing home resident. Typically, you’ll need pre-approval for certain medical procedures as a resident, and there may be significant delays or gaps in coverage. Surprise bills can be common, so study your plans meticulously to get a better idea of what your health insurance will and won’t cover.
4. You Can’t Dispute Medical or Nursing Home Charges
Medical bill errors can be common. Some nursing homes may bill inaccurately or inflate charges. You have every right to dispute any charges that seem disproportionate or inaccurate. Don’t be afraid to ask for itemized bills, and consult with an attorney if you receive pushback. Nursing homes must adhere to specific billing laws and limits. If something seems wrong, pursue it.
5. Nursing Homes Can Kick You Out Without Due Process
While nursing homes can start an eviction process due to nonpayment, they must provide sufficient warning and pursue the eviction in court. They cannot evict you without proper notice or without following the legal eviction proceedings. If a nursing home attempts to evict you or a loved one without following proper protocol, you should consult with an attorney and potentially law enforcement. If a nursing home threatens to evict a resident without following the proper eviction process, this may not be legal, depending on the nature of the threat and the specific circumstances.
6. Nursing Homes Can Treat Nonpaying Residents Unfairly
People may believe that if a nursing home resident falls behind on bills, the nursing home no longer has a duty of care to them. This is false. Until a resident is formally and legally evicted, the nursing home must continue to provide respect and care to its patients, regardless of their payment status. They cannot withdraw funds from a nursing home patient’s personal account in an informal setting, either with or without the resident’s permission.
Financial abuse can be common in nursing home settings, where an individual may try to solicit or steal finances from patients. This is not legal or normal in any capacity, and residents and their families have every right to pursue action against any individuals or nursing homes who condone or allow such actions to take place, regardless of a resident’s financial status. Some cities have recently experienced a decline in nursing home care quality that residents should be aware of.
Naperville, IL
The senior population is rising in this particular Illinois town, and it has been difficult for nursing homes to keep up with the demand. Some communities here have lapsed in security and hiring practices, increasing the number of neglect or financial abuse cases. If you’ve experienced similar issues here, consult with a Naperville nursing home abuse lawyer right away.
Tampa, FL
The state of Florida is often a haven for retirees and older adults, particularly in the affordable but beautiful city of Tampa. Several communities here have been cited recently for abuse and neglect, including financial exploitation of senior residents.
Atlanta, GA
Many older adults call Atlanta home, but nursing home ratings have plummeted in recent years. The city often tops lists of the worst-rated nursing homes, and older adults continue to be susceptible to abuse and neglect. If you have an older loved one here, check in with them frequently and keep a close eye on their finances.
Conclusion
Medical or nursing home debt can be frustrating and stressful. If you or your loved one is dealing with financial hardship and a buildup of medical debt, you aren’t alone, and you have options. You won’t immediately lose nursing home residency due to debt; due process is required, which can take time. Always consult with an attorney if you feel harassed, threatened, or ostracized due to nursing home debt. Initial consultations are typically free, allowing you to understand your rights and options for your specific circumstances.
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