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Brenda’s Articles

SENIORS & MILITARY JUNE ARTICLE: SENIOR ARTICLE
HOW TO BE HEARD IN WASHINGTON

Here are some strategies on how you can get your ideas and concerns to those who matter!

MEET IN PERSON: Face-to-face visits are the most effective way to sway power brokers. Town hall meetings and other public events are often lightly attended, so those who show up can get their say!

WRITE A LETTER OR EMAIL: Personalized notes carry weight! Do address people respectfully. Direct your mail to your own members of Congress.

VOLUNTEER: There are organizations already fighting for your concerns.

JOIN A GROUP: Many of the issues you care about have citizens groups. These grassroots organizations can turn into opinion – especially in Washington.

BE CREATIVE: Sometimes being in the right place at the right time.

 

SENIORS ARTICLE – WHEN CAN CAN AN ADULT CHILD BE LIABLE FOR A PARENT’S NURSING HOME BILL
(IMPORTANT INFO TO KNOW)

A nursing home cannot require a child to be personally liable for their parent’s nursing home bill, there are circumstances in which the adult children can end up paying.  ALWAYS…..read CAREFULLY any Admissions Agreement carefully before signing.

Federal regulations prevent a nursing home from requiring a “third party” to be personally liable as a condition of admission.  However, children of nursing home admission agreement as the “responsible party.”  This is confusing and not always clear from the contract what it actually means.

Typically, the responsible party is agreeing to do everything in their power to make sure the resident pays the nursing home from the resident’s funds.  If the resident runs out of funds, the “responsible party” may be required to apply for MEDICAID on the resident’s behalf. If the responsible party does not follow through on applying for Medicaid or provide the state with all the information needed to determine Medicaid eligibility, the nursing home may sue the responsible party for breach of contract.  If a responsible party misuses a resident’s funds instead of paying the resident’s bill, the nursing home may also sue the responsible party.  In both of these circumstances, the responsible party may end up paying the nursing home out of their own funds. 

FYI:  When working with my clients (or their responsible party), we always look at their income and when that income may run out – months before as that gives us time to work with the nursing home and apply for Medicaid (if the patient meets the Medicaid guidelines).  (Brenda – The Next Horizon)

Although it is AGAINST the law to REQUIRE the adult child (children) to sign an admission agreement as the person who guarantees  payment, it is important to read the contract carefully as some nursing homes still have language in their contract that violates the agreement.  If possible, consult with your attorney before signing an admission agreement.

 

BRENDA DEVER-ARMSTRONG, CEO/OWNER/CSA

THE NEXT HORIZON SENIORS & MILITARY ADVOCATE/RESOURCES

*excerpt for this article provided by Todd Marquardt, Marquardt Law Firm, San Antonio, TX