Refund of overpaid nursing home costs.

[CabinDave]

Minnesota

My mother was in a nursing home for a few months before she died in January 2014. Shortly prior to her passing, she had been approved for general assistance and nursing home care by the State of Minnesota (backdated to when she was admitted to the nursing home). At the time of her death, I was told she had a $5,000+ credit balance. In February, I was told the credit balance was $2,000. I have asked for the credit balance to be refunded to me (sole heir and power of attorney). The nursing home has refused stating that they haven't been paid by the state.

Can I sue them in small claims court for the balance they are holding?

 

[Zigner]

Minnesota

My mother was in a nursing home for a few months before she died in January 2014. Shortly prior to her passing, she had been approved for general assistance and nursing home care by the State of Minnesota (backdated to when she was admitted to the nursing home). At the time of her death, I was told she had a $5,000+ credit balance. In February, I was told the credit balance was $2,000. I have asked for the credit balance to be refunded to me (sole heir and power of attorney). The nursing home has refused stating that they haven't been paid by the state.

Can I sue them in small claims court for the balance they are holding?

"You" cannot sue. Your mother's estate may be in a position to make a claim. Has probate been opened?

Why do you feel that there is anything due if the state hasn't paid yet?

 

[CabinDave]

"You" cannot sue. Your mother's estate may be in a position to make a claim. Has probate been opened?

Why do you feel that there is anything due if the state hasn't paid yet?

My mother had no estate other than me. She had no real property or money. There wasn't any probate.

The nursing home is aware that the state assumed all of her nursing home costs in September of 2013. The nursing home costs were $6,000+ per month. She died in January of 2014, and had a credit balance of $2,000. Therefore, the state must have paid something already. (Note: the credit balance resulted from money being deducted from her account that had been funded by her own money prior to her being accepted by the state for services.)

 

[Zigner]

My mother had no estate other than me. She had no real property or money. There wasn't any probate.

The nursing home is aware that the state assumed all of her nursing home costs in September of 2013. The nursing home costs were $6,000+ per month. She died in January of 2014, and had a credit balance of $2,000. Therefore, the state must have paid something already. (Note: the credit balance resulted from money being deducted from her account that had been funded by her own money prior to her being accepted by the state for services.)

I believe that you will need to open probate if you want to get this money back. This page may be of help: http://www.ag.state.mn.us/consumer/seniors/probate/probate_1.asp

 

[Shadowbunny]

My mother had no estate other than me. She had no real property or money. There wasn't any probate.

The nursing home is aware that the state assumed all of her nursing home costs in September of 2013. The nursing home costs were $6,000+ per month. She died in January of 2014, and had a credit balance of $2,000. Therefore, the state must have paid something already. (Note: the credit balance resulted from money being deducted from her account that had been funded by her own money prior to her being accepted by the state for services.)

If the state has been paying for her care since Sep 2013, wouldn't any credit balance go to the state?

 

[racer72]

If the state has been paying for her care since Sep 2013, wouldn't any credit balance go to the state?

That is what I was thinking too.