Abstract

http://ssrn.com/abstract=1877306
 


 



The Responsible Thing to Do About 'Responsible Party' Provisions in Nursing Home Agreements: A Proposal for Change on Three Fronts


Katherine C. Pearson


Penn State Law

2004

University of Michigan Journal of Law Reform, Vol. 37, No. 3, p. 757, Spring 2004

Abstract:     
Nursing homes routinely seek the signature of a family member on nursing home agreements, calling the signer a “responsible party” or sponsor for the resident. Federal Medicare and Medicaid law provides that participating facilities much “not require a third party guarantee of payment to the facility as a condition of admission...to, or continued stay, in the facility.” Nonetheless, if federal benefits prove to be unavailable, courts are holding responsible parties contractually liable for thousands of dollars for the care of their elders. This Article proposed private and public responses to the increasingly likelihood that nursing homes will seek collection from family members.

Number of Pages in PDF File: 34

Keywords: nursing homes, elder law, older adult, older person, Medicaid, Medicare, third party agreements, third party responsibility

JEL Classification: K1, K33

Accepted Paper Series


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Date posted: July 3, 2011 ; Last revised: June 9, 2012

Suggested Citation

Pearson, Katherine C., The Responsible Thing to Do About 'Responsible Party' Provisions in Nursing Home Agreements: A Proposal for Change on Three Fronts (2004). University of Michigan Journal of Law Reform, Vol. 37, No. 3, p. 757, Spring 2004. Available at SSRN: http://ssrn.com/abstract=1877306

Contact Information

Katherine Pearson (Contact Author)
Penn State Law ( email )
150 South College Street
Carlisle, PA 17013
United States
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