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Nursing Homes: Understanding the contract is imperative
 Nursing
homes require you to sign a contract prior to your loved one entering
the facility. You should read it closely and make sure you understand
the nursing home contract before the day of admission. This contract
will set forth all of the requirements, costs and responsibilities of
the nursing home. If there is anything not in the contract that needs
to be there, insist that it be added in writing. The nursing home
contract should include the following information:
-
The basic daily
or monthly charge and exactly what that covers
-
additional
charges;
-
your right to
apply for Medicare and Medicaid;
-
when, how and
why it may be transferred to another facility or room;
-
any special
diets which may be required;
-
refund policy;
-
the bedhold
policy;
-
any reasons for
discharge from the nursing home.
The individual
entering the nursing home will be the one signing the documents unless
they have given someone power of attorney or unless guardianship has
been appointed. Sometimes the nursing home might tell the family they
need to sign is a guarantor or to indicate that they are the next of
kin or the responsible person who needs to be contacted. This is
usually unnecessary and not required unless they're willing to take
financial responsibility for the bills.
The Nursing
Home Reform Act is a federal law regulating nursing homes. This
law contains a list of things which may not be included in a nursing
home admission contract. An important factor included in the law is a
restriction on discharges from the nursing home. In most cases, you
may only be made to leave if:
-
It is necessary
for your benefit to meet some of your needs;
-
your health
improves and you no longer need this level of care;
-
you are a threat
to the safety or health of other residents;
-
you do not pay
for the services;
the nursing home
closes.
Another thing that
is very important is to understand the bedhold policy. If you
have to leave temporarily to go into the hospital, to another facility
etc., the nursing home can charge a fee to hold your bed until you
return. You should be alert to contracts that:
-
Limit the
nursing home's liability for theft or damage of your property while
you're gone;
-
require that the
resident give all of his or her income to the facility directly;
-
have limitations
on visiting hours;
-
require consent
forms for unneeded medical procedures as a precaution;
-
require a living
will or health care proxy;
-
require you to
pay even though you're eligible for Medicaid.
Make sure that you
understand the nursing home contract prior to admission and you will
never be sorry.
Some information from
Senior’s Rights: Your Legal Guide to Living Life to the Fullest By
Brette McWhorter Sember
Additional
Information By
Paul Susic M.A. Licensed
Psychologist Ph.D. Candidate (Geriatric Psychologist)
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