An Agreement to Assist A Nursing Home Resident In Obtaining Medicaid Benefits May Be Legally Binding
An appeals court held that an agreement to apply for Medicaid benefits for a nursing home resident made by the resident’s guardian or family members may be legally enforceable by the nursing facility in which the resident resides. Pine Brook Care Center v. D’Alessandro, Docket No. A-3197-18T1 (NJ Appellate Division, November 23, 2020) In April.. read more →
An Ohio appeals court dismissed a nursing home’s lawsuit to recover a resident’s unpaid fees from his son who signed an admission agreement as his father’s agent under a power of attorney. Village at the Greene v. Smith (Ohio Ct. App., 2d, No. 28762, August 14, 2020). On June 22, 2018, Robert Smith (“the father”) granted.. read more →
The decedent was admitted to the defendant facility, Regency Heritage Nursing and Rehabilitation, in 2013. On the admission date, her daughter accompanied her to the nursing home. The daughter alleged that she was separated from her mother and brought to a conference room, where she was presented with a stack of documents to sign. She.. read more →
The patient was age 53 when he was transferred to Kindred Hospital. He had been diagnosed with multiple sclerosis and bipolar disorder in his twenties. When he signed the arbitration agreement in issue, he had required 24-hour nursing care for the previous 13 years, although he was not cognitively impaired at the time of the.. read more →
Lawsuit By Nursing Home Against Daughter of Resident Who Transferred Money to Herself Dismissed
New Jersey appeals court held that a nursing home does not have standing to bring a lawsuit against the daughter/power of attorney of a resident who transferred the resident’s money to herself, causing a Medicaid penalty period. Future Care Consultants v. M.D. (N.J. Super. Ct., App. Div., No. A-4565-17T1, July 5, 2019). M.D. cared for her.. read more →
Nursing Home Resident’s Son Who Filed A Medicaid Application Which Was Denied Did Not Breach Admissions Agreement
A New Jersey appeals court held that a nursing home is not entitled to summary judgment in a case alleging breach of the admissions agreement against a resident’s son based solely on the fact that Medicaid denied the resident’s application due to excess resources. Meridian Nursing and Rehabilitation Inc. v. Skwara (N.J. Super. Ct., App. Div., No… read more →
The following blog post is adapted from an article on NJ.com: A few years ago, Tracey Mitchell’s dad needed to go into a nursing home. Mitchell had no complaints about the care he received, but three months before he died, a surprise arrived via regular mail. It was a lawsuit alleging Mitchell owed $49,000 to the.. read more →
Lawsuit for Unpaid Bills by Nursing Home Against Resident’s Power of Attorney Dismissed, and Attorneys Fees Awarded
A Superior Court judge in Ocean County dismissed a lawsuit filed by a nursing home for unpaid bills against a power of attorney appointed by a former resident, and ordered the nursing home to pay legal fees incurred by the power of attorney, ruling that the law prohibited the nursing home from requiring the power.. read more →
Kindred v. Clark involves two Kentucky cases, in which family members of deceased Kindred nursing home residents, Joe Wellner and Olive Clark, filed lawsuits against Kindred. They alleged that Kindred’s substandard care led to the deaths of the decedents. In response, the nursing home moved to dismiss the cases, claiming that arbitration agreements barred the.. read more →
James Patterson entered Care One at Moorestown on September 3, 2014. He had various serious health conditions. Approximately 2 months after he entered Care One, during which period he was hospitalized four times, he died. Plaintiff, the administrator ad prosequendum of Mr. Patterson’s estate, sued Care One, alleging that its negligence and/or recklessness had caused.. read more →
A New York trial court ruled that residents of a continuing care retirement community (CCRC) breached their contract when they applied for Medicaid before spending down their assets. Good Shepherd Villages v. Yezzi (NY Slip Op 51900 – NY: Supreme Court, Broome 2014). Peter and Hazel Yezzi signed a contract with Good Shepard Village (the “Good.. read more →
A nursing home resident’s adult child who signs an admission agreement as the “Responsible Party” can be sued in his/her individual capacity for services rendered to the resident, if the adult child fails to use the resident’s financial resources to pay for care provided by the facility. Manahawkin Convalescent v. O’Neill, 217 N.J. 99 (2014)… read more →
In an August 29, 2013 unpublished decision, the Appellate Division considered and affirmed the trial court’s denial of a nursing home’s motion to dismiss a personal injury and wrongful death claim brought by the estate of a former resident. Levonas v. Regency Heritage Nursing and Rehabilitation Center (Docket No. A-4995-11T4, Aug. 29, 2013). In Levonas, the.. read more →
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