Recurring Problems with Nursing Homes

Dan Frith

Contributor

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Lauren and I have reviewed over 500 potential nursing home cases over the years and we see some problems over and over and over. I decided we would share with our readers some of the more frequent problems...and the answers.

Problem # 1: Nursing homes which require a family member to sign the Admission Contract as a "Responsible Party." The Nursing Home Reform Law (Section 483.12(d)(2) of Title 42 of the Code of Federal Regulations) prohibits a nursing home from requiring a family member or friend to become financially liable for nursing home expenses of the resident. The signature of a family member or friend can only be required when the individual is signing on the resident's behalf. In other words, the signature of a family member or friend can only be required when they are signing as "power of attorney," "guardian," "conservator," for the resident.

Don't be mislead into believing you must sign as a "Responsible Party" or that you legally share financial responsibility for the resident's bills if you did sign the Admission Contract in that fashion.