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Nursing Home Suing Me for Fathers care a year after he died

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H

hitsnorth

Guest
What is the name of your state? New York

I am being sued by an attorney representing a nursing home my father was in until he died last August. They claim I owe 12k as an unpaid balance (For what I have no idea since they were receiving money from social security, his veterans benefits, and Medicaid).

When he was admitted they made me sign an admissions agreement where I was the guarantor. I was told this is illegal under the Medicaid act

42 U.S.C. §§ 1395i-3(c)(5)(A)(ii),

(ii) not require a third party guarantee of payment to the
facility as a condition of admission (or expedited admission)
to, or continued stay in, the facility.

At the time I signed the admissions agreement my father was dying of brain cancer and was at that point unable to speak for himself. I also had power of attorney for him and was his medical proxy. I could no longer afford to pay for the private nursing care he was receiving in his home and I exhausted all my money in trying to do so. I tried many nursing homes and they were full. This nursing home said they would take him if I signed as a guarantor. To be honest I would have signed anything at the time I just wanted my father to receive care.

My question is what should I be doing?
 
Last edited:


Ladynred

Senior Member
You need to consult with a lawyer. If what they made you sign WAS illegal, then you'll need a lawyer to enforce that and get you out from under it.
 

cotterpin

Junior Member
Definitely contact and attorney, but I would also consult with the Fraud unit of NY Medicaid and if he had Medicare, with them as well.

Ask for copies of all payments made (including billed amounts, allowed amounts) and an itemized billing.

If the nursing home is JCAHO accredited they could be risking their accredidation with shady billing practices. Find out if they are participating with the Medicaid program in NY, and if so, contacrt NY's Medicaid fraud and abuse line, or the Office of the Attorney General. Here is the site for the Centers for Medicare and Medicaid,you may find some helpful informatin there. http://www.cms.hhs.gov/
 

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