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Archive for April, 2009

A recent case in Connecticut shows how the fallout from the new Deficit Reduction Act is hurting not only nursing homes and their residents, but the residents’ families as well.  In the case of Glastonbury Healthcare Center, Inc. v. Esposito, the nursing home successfully sued the adult son of a resident for over $100,000.  This has sent up a loud warning for those families who are tempted not to plan ahead for their long term care needs.  It also sends a warning to facilities that assume patients can handle the Medicaid process without professional help.

 

In the Esposito case the adult son, Carmine Esposito, signed an Admissions Agreement when his elderly mother entered the nursing home.  He signed it under the power of attorney from his mother.  He did not sign it personally as the Responsible Party.  Among other things, this document contained the provision that the Responsible Party agrees to “act promptly and expeditiously to establish and maintain eligibility for Medicaid assistance.”  (more…)

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