Alzheimer's Care, Chicago Elder law attorney, Chicago Suburban Elder Law Attorney, Estate Planning, Estate Planning Attorney, Medicaid and Paying for Nursing Home Care, Nursing Home Admissions, Nursing Home Contracts, senior estate planning
- bed deposit requirements – CMS as indicated under certain circumstances, these are permissible.
- waiver of certain due process and notice requirements – these waivers should always be rejected.
- waiver of any personal liability on the part of the facility for causing any physical or other harm to the resident – these waivers should always be rejected as well.
- understanding the interwoven payment requirements when Medicare, private pay, and Medicaid are all part of the payment mix.
- nondiscrimination provisions should always be present in any contract.
- procedures regarding involuntary discharge should also be examined closely so that there is no frivolous discharge of the resident that deprives the resident of their contractual rights and rights under federal and state law.
- there are only certain circumstances, the most obvious one being nonpayment, upon which a nursing home can discharge a resident.
- guarantee of payment requirements on third parties- these are impermissible as a matter of law.
- paying for “bedhold”, which often occurs when a nursing home resident is hospitalized with the intent to return back to the facility- be aware that Medicaid recipients have priority for the first bed available upon return n from hospitalization thus eliminating the need for a deposit in many cases.
- be aware that some facilities that identify themselves as Medicaid facilities, may only be Medicaid facilities in what is called “distinct part”. Thus, only a certain portion of their available beds are certified for Medicaid and Medicare, but not all of their beds.
- arbitration clauses- do not believe that you must sign an arbitration clause to gain admission to the facility. An arbitration clause will force a family to litigate any controversial issues regarding payment or harm to the resident in a private arbitration forum, rather than in a court of law with a judge and jury of your peers.
- accept the contract “as is” – not recommended.
- negotiate the contract – if the facility will agree to do so. (Note: we find the many facilities refuse to negotiate and refuse to allow the prospective residents attorney counsel to talk to the facility’s attorneys about the contract – unfortunate but it happens all the time).
- Or, if the facility is unwilling to negotiate the contract and the provisions contained in the contract are sufficiently objectionable, the family always has the ability to shop for another facility – this is called “freedom of contract” and exists for your freedom and protection in every area of law.
Anthony B. Ferraro