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CAN A SKILLED NURSING FACILITY REQUIRE A FAMILY MEMBER TO SIGN A
"RESPONSIBLE PARTY" AGREEMENT?
The
Nursing Home Reform Law prohibits a nursing facility from requiring a
third-party guarantee of payment as a condition of admission or
continued stay.
Despite
this, there are some family members who genuinely want to pledge
"good faith monies" on behalf of their loved ones.
The rationale behind this is that the family member wants their
loved one to get "their foot in the door" of the ideal
facility which meets the ill individual's needs.
Our
office often counsels families, in certain situations, to restore
certain funds which will
once again be registered into the loved one's name.
These funds will act as "key money" in order that the
family finds the ideal facility which meets the loved one's emotional,
physical, and spiritual needs.
It
should be noted that the family must do this of their own accord.
If a skilled nursing facility even remotely suggests this
strategy, it can be construed to be a violation of Federal law.
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