Nursing Home Financial Liability

Summary

Federal law prohibits nursing homes from requiring third-party financial guarantees for admission. Such clauses are generally unenforceable if they violate federal regulations. Its advisable to avoid signing contracts with personal financial liability clauses and to wait for Medicaid approval before proceeding. For specific guidance, consult a local attorney familiar with Alabamas regulations.

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I'm seeking advice about my MIL, who’s in the hospital awaiting nursing home placement. The facility sent paperwork stating that if she can't pay, the resident representative (my husband) would be financially responsible. She has dementia and can’t sign for herself. We didn’t sign due to concerns, and now the hospital social worker has stopped responding—we're in limbo. I have her Medicaid application and all documents ready but haven’t been told where to send them. Questions: Can a nursing home in Alabama require a resident rep to accept financial liability? Is that clause legally enforceable under state/federal law? What language should we strike or avoid? Should we hold off signing anything until Medicaid is approved?
Hey ****! Here’s some general info that might help:
- Financial Liability: Federal law prohibits nursing homes from requiring a third party to guarantee payment as a condition of admission.

- Enforceability: Such clauses are generally not enforceable if they violate federal law.
- Contract Language: Avoid clauses that mention personal financial liability.
- Medicaid Approval: It's often wise to wait for Medicaid approval before signing anything.
For specific advice, consider consulting a local attorney. Would you like help finding one?
Isn't this contradictory?
Hey ****! It seems there might be confusion between federal and state laws regarding nursing home admissions. Federally, nursing homes can't require a third party to guarantee payment, but specific contract language may vary by state or facility. It's often best to consult a local attorney for clarity. Do you need assistance finding one?
- Enforceability: Such clauses are generally not enforceable if they violate federal law. - Contract Language: Avoid clauses that mention personal financial liability
Case Rating: *
Hey ****! It can seem contradictory, but the key point is that while nursing homes may try to include clauses requiring financial liability from a third party, such clauses are generally unenforceable under federal law if they violate regulations. Would you like more detailed information on this?
Yes
Case Rating: *
Hey ****! Here's more detailed information:
- Federal Law: Nursing homes cannot require third-party payment guarantees as a condition for admission under federal law (* CFR § *.*).
- State-Specific Details: Alabama may have additional regulations or nuances, but generally, such clauses are not enforceable if they contradict federal law.
Would you like help finding local lawyers who can assist with this issue?