What are the realities when nursing homes engage in relationships with nonlawyer Medicaid planners and things go wrong? The following is a simplified example: A nonlawyer’s Medicaid planning strategies have failed for a resident of the facility. Because of incompetent Medicaid planning efforts, the elderly resident is now ineligible for Medicaid benefits and [...]
DOES WORKING WITH A NONLAWYER MEDICAID PLANNER INCREASE THE NURSING HOME’S UNCOLLECTIBLE ACCOUNTS RECEIVABLE?
Uncollectable accounts receivable are debts that have no chance of being paid. When Medicaid planning by a nonlawyer fails for an elder resident, how will the nursing home be paid for services rendered? Questions that need to be asked when nonlawyer Medicaid planning fails: Are unpaid nursing home bills the result of financial [...]
IS IT AGAINST THE LAW FOR A NURSING HOME EMPLOYEE TO BE PAID A FEE TO REFER MEDICAID CASES TO A NONLAWYER MEDICAID PLANNER?
When facilities or employees receive rewards for referring to nonlawyers, things take a turn for the worse. Under Florida law, “bribes, kickbacks, and certain solicitations are prohibited.” The nursing home that engages in such activity may be subject to civil liability or even criminal penalties. But imagine how easy it is for an overwhelmed [...]
CAN THE NURSING HOME GET IN TROUBLE IF THE NURSING HOME EMPLOYEES KNOW THAT THE NONLAWYER MEDICAID PLANNER IS ENGAGING IN UPL?
Yes, it is possible. According to Florida Statute 777.011, (and as stated in Chapter 3): Both referral sources and seniors who retain a nonlawyer for Medicaid planning purposes should be aware of the possible illegality of their actions, however unwitting or intentional their actions may be. “Whoever commits any criminal offense ... or aids, abets, [...]
One might think at least in principle that fiduciary responsibilities exist for the nursing home. But under Florida law that is not the case. The answer is based on case law - and Florida has not recognized a fiduciary relationship between a nursing home and its residents. There are no opinions in the jurisprudence of [...]
It is very common for seniors who need help qualifying for Medicaid to accept referrals from trusted sources—such as family, friends, social workers, nursing home administrators and hospital discharge planners. The trouble is, these referrals are frequently to nonlawyer Medicaid planners. In some cases, referrals are made without the knowledge or awareness of the nursing [...]
When a married person needs nursing home placement, the spouse living at home (Community Spouse) is often told that he or she can only retain assets up to the Community Spouse Resource Allowance (CSRA). In 2021, that number is $130,380.00. The institutionalized spouse can only have $2,000.00 of assets. If the combined assets of both [...]
“What should I do with my mother’s home when she is in an assisted living facility or a nursing home and is no longer living at home?” This is one of the questions that I am frequently asked at initial consultations. Since all of mother’s income will typically be needed to pay for assisted living, [...]
As an Elder Law Attorney, I have been asked the following question on several occasions: "Can the Nursing Home Take My Home?" While the simple answer is "No," it is also misleading. Elder Law is a complex practice, and simple answers can sometimes create a false sense of security. What follows is a more complete [...]
Gerontologists are health care professionals who specialize in working with the elderly. They provide services to individuals in nursing homes, senior centers, hospitals, and at home, as well as work with home health care agencies and other facilities. Some gerontologists are involved in research while others develop programs and training for the delivery of services [...]