Primary Keyword: Can a Nursing Home Sue a Family Member?
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Yes, a nursing home can sue a family member under certain circumstances, but being related to a resident does not automatically make this possible. Signing admission paperwork doesn’t mean you’ll immediately be personally responsible for the resident’s nursing home debt.
Being told that a nursing home can sue you is often frightening, especially because a lawsuit from a nursing home might impose serious financial concerns. However, a nursing home abuse lawyer in Los Angeles from Omega Law Group Accident & Injury Attorneys is the one to call.
Nursing Homes Cannot Automatically Make Family Members Pay
Being someone’s child, spouse, sibling, or other relative doesn’t make you automatically eligible to be sued by a nursing home. Family relationships and financial liability are two different things. This is important when a nursing home points to an admission agreement.
They might use this document to say that you signed as a “responsible party.” However, federal laws usually prohibit nursing facilities that participate in Medicare or Medicaid from requiring a third-party guarantee of payment as a condition of these matters:
- Admission
- Expedited admission
- Continued stay
Federal and State Law
Federal laws also permit a facility to require someone who has legal access to the resident’s income or resources to enter into an agreement that says they will pay the facility from the resident’s money. This is done without creating personal financial liability for that representative.
Additionally, California laws also contain similar protections. California Welfare and Institutions Code section 14110.8 specifically addresses responsible parties and agents for residents receiving Medi-Cal. If you sign because you fill any of these roles, you’re not automatically personally responsible for the resident’s charges:
- Act under a power of attorney
- Serve as a conservator
- Act as a representative payee
That doesn’t mean a nursing home can never bring a lawsuit against a family member. It just means the facility needs a valid legal basis for claiming that the family member personally owes the debt, but Omega Law Group can look into the validity of their claims.
The Admission Agreement Often Holds the Answer to This Question
When a nursing home threatens legal action against a family member, one of the first documents Omega Law Group will likely examine is the admission agreement. California Health and Safety Code section 1599.65 addresses nursing home admission contracts. The law generally requires the facility to make reasonable efforts to do the following:
- Communicate the contents of the contract to the person being admitted
- Obtain that person’s signature
Obtaining their signature is not required if the resident is legally incompetent or unable to understand and sign as a result of their medical condition. The statute also allows these individuals to sign when appropriate:
- An agent
- Responsible party
- Legal representative
Being an Agent vs. a Responsible Party
There is a difference between signing paperwork as a representative and signing a legally enforceable agreement that makes you personally responsible for a debt. California’s Medi-Cal law recognizes this distinction by defining an “agent” separately from a “responsible party.”
A family member could have signed documents because they were helping an elderly parent complete admission paperwork, for example. That alone does not necessarily mean the family member agreed to use their own income or assets to pay the parent’s nursing home expenses.
Omega Law Group can examine the signature blocks, contractual language, attachments, financial provisions, and the circumstances surrounding the admission to determine what obligations actually exist.
(310) 526-8383Medi-Cal Creates Additional Protections for Families
According to California Welfare and Institutions Code section 14110.8, a facility cannot require or solicit a responsible party to do either as a condition of admission for a Medi-Cal beneficiary:
- Sign an admission agreement
- Cosign an admission agreement
If the resident has an agent who controls funds that are legally available for the resident’s care, the facility can require that agent to sign an agreement concerning payment from the resident’s funds. Ultimately, at Omega Law Group, we can emphasize the fact that managing another person’s money is not the same as being personally responsible for that person’s debt.
California law also limits an agent’s financial obligation under the Medi-Cal statute. It is limited to the amount of the resident’s funds that the agent received but failed to distribute to the facility. An agent who willfully violates the statutory requirements can also face separate consequences under the law.
Contact Omega Law Group ASAP if a Nursing Home is Suing a Family Member
When a nursing home tries to sue a family member for a resident’s expenses, it might make loved ones feel stressed and a deep sense of unfairness. It can be especially hard to hear when you’ve stepped in to help solely because someone you love needed you.
At Omega Law Group, our attorneys approach these disputes by looking at the facts of each situation. We take the time to review relevant documents and applicable laws on your behalf. Since 2016, our law firm has been home to more than 20 experienced attorneys.
Together, we’ve served personal injury clients and their families in situations similar to yours. Call us today for insight from our attorneys. We can help you understand how to proceed based on the details of your circumstances.
