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By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington. Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services. APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid. We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour. APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment. You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints. Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights. APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.I agree that: A.I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information"). B.APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink. C.APFM may send all communications to me electronically via e-mail or by access to an APFM web site. D.If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records. E.This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year. F.You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
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Tiff - my MIL died before NH Medicaid eligibility was done. If your in this spot, imo you have 2 choices: she's dead and it's not your problem OR your gonna have to continue to dog her application to get it approved.
For MIL, there were transfer penalty inquiries on checks she had written to her old state-paid caregiver as to whether it was gifting….. it wasn't but was checks done so she could buy liquor for her. Snafu'd application for months from clearing.
MIL was "Medicaid Pending" during all this & was fully compliant for paying her income to the NH as her required co-pay /SOC (share of cost). They HAVE TO pay the SOC to stay all kumbaya for their not-yet-approved Medicaid application; if not it could be considered a lack of required DPOA fiduciary duty and they can bill you and try to get you to pay. Don't let the NH tell you not to worry about the SOC….. The SOC has to be paid.
Now Mil got ill & went into hospital (I think it was under observation and not a true admit), then back to NH; then weeks later got very ill & back into hospital for well over a week AND discharged from hospital to free-standing hospice as she was very septic. Stoked & died at hospice.
BIL filed an appeal during all this and there was a hearing date set like 6 months out. BIL submitted documentation in advance of hearing date. She was cleared for eligibility right before the hearing date.
NH sent BIL bills & then demand notices for all the months she was there at private pay rate less the amount paid as her SOC & started dated the week she went into hospice. Now BIL did paperwork with DPOA signature, but really the NH will still send bills out to whomever in family they think will pay. This NH knew they would likely be totally SOOL as she had no assets (so no probate), none of the sons lived in-state and none had signed to be personally liable and its not a filial responsibility state. So the facilities have to bill & bluff (imo). They withheld the $ in her personal needs account (which in theory they cannot legally do….) too. MIL was finally approved about a year after application filed and NH was paid for the time she was there & they finally did send BIL a tiny check for the supposed amount left in her personal needs account.
Really it's your call as to continue the application.
The adult children of elderly parents in many states could be held liable for their parents' nursing home bills as a result of the new Medicaid long-term care provisions contained in a law enacted in February 2006. The children could even be subject to criminal penalties.
The Deficit Reduction Act of 2005 includes punitive new restrictions on the ability of the elderly to transfer assets before qualifying for Medicaid coverage of nursing home care. Essentially, the law attempts to save the Medicaid program money by shifting more of the cost of long-term care to families and nursing homes.
One of the major ways it does this is by changing the start of the penalty period for transferred assets from the date of transfer, to the date when the individual would qualify for Medicaid coverage of nursing home care if not for the transfer. In other words, the penalty period does not begin until the nursing home resident is out of funds, meaning there is no money to pay the nursing home for however long the penalty period lasts. (For the details, click here.)
With enactment of the law, advocates for the elderly predict that nursing homes will likely be flooded with residents who need care but have no way to pay for it. In states that have so-called "filial responsibility laws," the nursing homes may seek reimbursement from the residents' children. These rarely-enforced laws, which are on the books in 29 states (the figure was 30 but Connecticut's statute has since been repealed), hold adult children responsible for financial support of indigent parents and, in some cases, medical and nursing home costs.
For example ,Pennsylvania recently re-enacted its law making children liable for the financial support of their indigent parents. Jeffrey A. Marshall, an ElderLawAnswers member attorney in Williamsport, Pa., says the new Medicaid law could trigger a wave of lawsuits involving adult children.
"Litigation between nursing homes and children is likely to flourish," Marshall writes in the Jan. 20, 2006, issue of his firm's Elder Care Law Alert. "Nursing homes will sue children who will counter-sue for sub-standard care."
According to the National Center for Policy Analysis, 21 states allow a civil court action to obtain financial support or cost recovery, 12 states impose criminal penalties for filial nonsupport, and three states allow both civil and criminal actions.
Only if the person who is Power of Attorney had signed the admittance paperwork using their name without adding POA after their name.
I know when I had to sign for my Mom when she went into long-term-care, it was explained to me that I would not be responsible if I added POA after my name.
Also check with Medicaid to see what is the process if the patient had passed before approval, would the nursing home still be paid.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
For MIL, there were transfer penalty inquiries on checks she had written to her old state-paid caregiver as to whether it was gifting….. it wasn't but was checks done so she could buy liquor for her. Snafu'd application for months from clearing.
MIL was "Medicaid Pending" during all this & was fully compliant for paying her income to the NH as her required co-pay /SOC (share of cost). They HAVE TO pay the SOC to stay all kumbaya for their not-yet-approved Medicaid application; if not it could be considered a lack of required DPOA fiduciary duty and they can bill you and try to get you to pay. Don't let the NH tell you not to worry about the SOC….. The SOC has to be paid.
Now Mil got ill & went into hospital (I think it was under observation and not a true admit), then back to NH; then weeks later got very ill & back into hospital for well over a week AND discharged from hospital to free-standing hospice as she was very septic. Stoked & died at hospice.
BIL filed an appeal during all this and there was a hearing date set like 6 months out. BIL submitted documentation in advance of hearing date. She was cleared for eligibility right before the hearing date.
NH sent BIL bills & then demand notices for all the months she was there at private pay rate less the amount paid as her SOC & started dated the week she went into hospice. Now BIL did paperwork with DPOA signature, but really the NH will still send bills out to whomever in family they think will pay. This NH knew they would likely be totally SOOL as she had no assets (so no probate), none of the sons lived in-state and none had signed to be personally liable and its not a filial responsibility state. So the facilities have to bill & bluff (imo). They withheld the $ in her personal needs account (which in theory they cannot legally do….) too. MIL was finally approved about a year after application filed and NH was paid for the time she was there & they finally did send BIL a tiny check for the supposed amount left in her personal needs account.
Really it's your call as to continue the application.
The Deficit Reduction Act of 2005 includes punitive new restrictions on the ability of the elderly to transfer assets before qualifying for Medicaid coverage of nursing home care. Essentially, the law attempts to save the Medicaid program money by shifting more of the cost of long-term care to families and nursing homes.
One of the major ways it does this is by changing the start of the penalty period for transferred assets from the date of transfer, to the date when the individual would qualify for Medicaid coverage of nursing home care if not for the transfer. In other words, the penalty period does not begin until the nursing home resident is out of funds, meaning there is no money to pay the nursing home for however long the penalty period lasts. (For the details, click here.)
With enactment of the law, advocates for the elderly predict that nursing homes will likely be flooded with residents who need care but have no way to pay for it. In states that have so-called "filial responsibility laws," the nursing homes may seek reimbursement from the residents' children. These rarely-enforced laws, which are on the books in 29 states (the figure was 30 but Connecticut's statute has since been repealed), hold adult children responsible for financial support of indigent parents and, in some cases, medical and nursing home costs.
For example ,Pennsylvania recently re-enacted its law making children liable for the financial support of their indigent parents. Jeffrey A. Marshall, an ElderLawAnswers member attorney in Williamsport, Pa., says the new Medicaid law could trigger a wave of lawsuits involving adult children.
"Litigation between nursing homes and children is likely to flourish," Marshall writes in the Jan. 20, 2006, issue of his firm's Elder Care Law Alert. "Nursing homes will sue children who will counter-sue for sub-standard care."
According to the National Center for Policy Analysis, 21 states allow a civil court action to obtain financial support or cost recovery, 12 states impose criminal penalties for filial nonsupport, and three states allow both civil and criminal actions.
I know when I had to sign for my Mom when she went into long-term-care, it was explained to me that I would not be responsible if I added POA after my name.
Also check with Medicaid to see what is the process if the patient had passed before approval, would the nursing home still be paid.