A Nursing Home Cannot Force a Resident’s Family or Friends to Guarantee the Payment of Nursing Home Costs

HNWElder Care Law, Elder Law

By Fredrick P. Niemann, Esq. a NJ Elder Care Attorney

Admission to a nursing home is a traumatic event.  No one wants to go to a nursing home, especially the incoming resident, family members and concerned friends. Sometimes a nursing home will try and secure an economic benefit by requesting that a friend, power of attorney or family member co-sign the admission contract and assume personal liability for the costs and expenses of the new residents care, room and board. A nursing home may request a financial guarantee to collect unpaid bills from a friend or family member if, a resident’s Medicaid application is mishandled or denied.

This is illegal and has been illegal for quite some time in New Jersey.  In 1987, Congress banned nursing home guarantees. In the Nursing Home Reform Law of 1987, Congress stated that a “nursing facility must … not require payment … as a condition or admission (or expedited admission) to, or continued stay in, the facility”.

Despite the law, some nursing homes have continued to seek and obtain financial guarantees from residents’ family members and friends, ignoring the federal restoration. By and large, those guarantees are illegal and/or unenforceable.

Contact me personally today to discuss your threatened discharge from a nursing home or long term care facility.  I am easy to talk to, very approachable and can offer you practical, legal ways to handle your concerns.  You can reach me toll free at (855) 376-5291 or e-mail me at fniemann@hnlawfirm.com.  Please also visit my dedicated website on this topic at www.appealingmedicaiddenialinnj.com.


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