Transitioning your loved one from their home to a long-term care facility can be an emotional, stressful experience. In addition to watching your parent or loved one age, you also have to deal with all the details of choosing a nursing home. One of these details includes reading and looking over nursing home admission agreements.
While it can be tempting to rush through these documents and simply sign your name, it’s important to read everything outlined in the agreement. Since these documents can be wordy and confusing, it’s ideal to have your attorney review them before you sign anything. Sometimes, nursing home agreements can have illegal or misleading provisions, and it’s important to ensure you aren’t signing anything that could hurt you or your loved one down the line. Here are some important things to consider before you sign a nursing home admission agreement.
Look Out for Responsible Party and Arbitration Provisions
The responsible party and arbitration [provisions are two items you need to look out for in nursing home admission agreements.
It’s not uncommon for nursing homes to try to get you to sign off as the responsible party in their admission agreements. Do not agree or sign off on this. This essentially means you will be financially responsible for all nursing home bills and payments. Nursing homes are prohibited from requiring third parties—which includes family members of the resident—from guaranteeing payment of nursing home bills. However, many sneakily try to get family members to “voluntarily” agree to this in their nursing home admission agreement.
Additionally, many nursing home admission agreements contain a section stating that any disputes related to the resident’s care will be decided through arbitration. By signing this provision, you will lose your right to go to court if a dispute with the facility occurs. These provisions are not illegal, but it’s almost always not a good idea to sign off on them. Unfortunately, many nursing home facilities are plagued with issues that can cause their residents to experience neglect or abuse. If your loved one ends up in this situation, you’ll want to ensure you can go to court to fight for their rights.
Other Things to Look Out for in Nursing Home Admission Agreements
In addition to any responsible party or arbitration clauses, there are some other things to look out for in nursing home admission agreements including:
- Private pay clauses. Look out for any clauses that state Medicare or Medicaid recipients are required to pay the private rate. This is illegal.
- Waiver of Nursing home liability. Any clause that asks you to waive the nursing home’s liability for a resident’s health should never be signed.
Ultimately, the best way to ensure you don’t sign off on any misleading or illegal clauses is to have the agreement reviewed by an attorney.
Call an Expert Nursing Home Abuse Lawyer in New York City
If you are struggling to determine the integrity of a nursing home admission agreement, contact the trusted attorneys at Dalli & Marino. We’re a group of skilled attorneys dedicated to fighting for the rights of nursing home residents. Our nursing home attorneys has an in-depth understanding of New York’s specific regulations and government healthcare and has been at the forefront of demanding change in the industry.
At Dalli & Marino, we are committed to ensuring our clients receive fair compensation for any abuse or neglect they endured. We have recovered millions of dollars for our clients since 1996. We approach each case on an individual basis and serve to help you or your loved one recover the money you need to compensate for your injury or illness. Give us a call at (888) 465-8790 or complete our contact form today.
