Making the decision to put a loved one in a nursing home can be a very stressful and confusing process. In addition to handling the details related to physical movement, you also need to navigate the paperwork and financial aspects of admission. Nursing home admission contracts can be complex and confusing. When presented with nursing home admission contracts, many are unaware of the importance of carefully reviewing these contracts. It is important to read the contract carefully, rather than rushing to the decision to sign the contract. If possible, you should have a lawyer review the contract before signing it.
When reviewing the contract, make sure you understand the meaning of the various terms. Please do not sign the contract until your family has moved to the facility. Residents have more leverage to negotiate a contract when they move in. However, even if the resident needs to sign the contract before moving in, he / she must carefully review and request any changes to the contract if necessary.
You should pay attention to two rules that are common to nursing home admission contracts. The two provisions require that you be personally responsible for the cost of the facility and the binding arbitration agreement.
When signing a Nursing Home Admission Agreement on behalf of a loved one, you must agree to be responsible and ensure that you do not personally guarantee payment. If possible, the resident should sign the contract. If the resident is incompetent, you can sign the contract, but make it clear that you are signing on behalf of the resident under the authority of a lawyer. If you sign the contract as responsible, you may be required to pay to the nursing home if the resident is unable to pay. Therefore, if the Nursing Home wants you to sign the contract as the “responsible person”, it is very important that you do not agree to this. Nursing homes are not allowed to require third parties to guarantee payment of nursing home bills, but many are trying to get their families to voluntarily agree to pay their bills. I will. Be aware of the following terms such as “responsible” or “guarantor”: Before signing the contract, strikethrough the terms that indicate that you are personally responsible for the payment and clearly state that you agree only to use Resident’s income and resources to be paid.
Another provision to note is the arbitration provision. Many nursing home admission contracts include a provision that all disputes regarding resident care are determined by arbitration. By signing the arbitration clause, you waive your right to go to court to resolve the dispute with the facility. Nursing homes cannot require the signing of the arbitration clause. Please cancel the wording of the arbitration before signing.
Other provisions to consider carefully include personal payment requirements. Specifically, a clause that requires residents who are recipients of Medicare or Medicaid to pay private fees for a certain period of time. You should also pay close attention to contract withdrawal or termination clauses. Nursing homes do not meet the needs of residents, the health of the residents has improved, the presence of the residents endangers other residents, the residents are not paying, or the nursing home is operated by the nursing home. You cannot allow the move-out because it is stopped.
The legal advice in this column is by nature general. Talk to a lawyer for advice that suits your particular situation.
Rebecca A. Hobbs, Esquire, is licensed to work in Pennsylvania and is accredited by the National Elderly Law Foundation as an elder lawyer with the approval of the Pennsylvania Supreme Court. She is the principal of the law firms of O’Donnell, Weiss & Mattei, PC, 41 High Street, Pottstown, and 347 Bridge Street, Phoenix Building, 610-323-2800, www. owmlaw.com..You can reach Ms. Hobbs firstname.lastname@example.org
Legal Ease of Use: What You Need to Know Before Signing a Nursing Home Contract | Entertainment
Source link Legal Ease of Use: What You Need to Know Before Signing a Nursing Home Contract | Entertainment