I was POA for my grandmother when she was put into a nursing home temporarily in 2020 after breaking her hip. She was transferred there from the hospital and when I went to visit, they asked me to sign some forms. I asked if it makes me liable for any payments and the lady assured me it did not. Well now, almost 4 years later, I'm randomly being sued for over $30,000 by them. I have to submit a legal answer to the court which means I have to somehow pay for a lawyer. This is insane! I can not wrap my head around th fact that I have to try to come up with money for a lawyer to defend something that should never have been filed against me. It also sounds like they're past the statute of limitations of 3 years from what I read online. I appreciate any advice on how to handle this without a lawyer.
It's unfortunate you did not consult a lawyer when Medicaid was denied over $11!!
Of course we all feel sorry for you that this bill is now hanging over your head. But the truth is, only an experienced attorney who's familiar with these matters can properly help you navigate this mess. Small claims court is fine to attempt alone, a $30k bill is not. What you need I'd professional advice now.
Best of luck to you.
She did not agree to pay any nursing home bills herself out of her income. No one agrees to this. The only document a nursing home can produce bearing a person's signature agreeing to this will be a copy run off on a copying machine.
This is because the document has been altered and added to. They will have to produce the ORIGINAL document with the inked signature of the OP on it, not a copy. Otherwise the court will laugh them right out and they know it. That's why they're putting in extra effort with the shakedown. They want the OP to pay and keep it out of court because they know they will lose without those original documents.
https://oag.dc.gov/blog/stopping-deceptive-billing-practices-nursing-homes
Pay for the lawyer, it will be worth it in the long run.
If you signed those papers as POA, then you are not responsible. That means after your name you put POA. POA means your grandmom's representative and not responsible for her debts. They should be suing her estate. How long was she in Rehab? Medicare pays 100% the first 20 days and 50% days 80 to 100. I am figuring $300 a day and that would take a stay of 100 days at least. Something fishy here. I am sorry but you need a lawyer to request the records. The paperwork you signed. What the insurance or Medicare paid.
I did not put POA, I guess I didn't even think about it. I always did if I was signing for her but I was signing on a "resident's representative" line not on the resident's line.
Medicare stopped paying because the nursing home told them that my grandmother was at her max ability and that they could no longer help her. They said they'd keep her there while I go through the medicaid process and said she would definitely be eligible and they would pay the NH back. She got denied medicaid for being $11 over the limit.
There are debt collection companies that buy old debts and try to collect on them. On average debt collection agencies only pay about 4% of the original debt.
Most will never be collected
According to what I just read only about 1 in 7 consumers will actually be sued.
There is a time limit depending on where you are it could be between 3 and 6 years,
And if any of the original documentation has been lost they might not be able to sue you.
Most lawyers will do a 30 minute free consultation.
Many areas have a bar association that may have lawyers doing free work as well.
Please read all the other comments there is some wise advice here
If the meeting wasn't recorded and it's unlikely that it wasn't, submit the same answer to the court that I did. The nursing home tricked you and said the papers you were signing were standard admitting forms and forms to bill Medicare. There was no mention of those forms being for you to take legal financial responsibility for your grandmother's nusing home bill.
There must have been phone calls between you and the nursing home and paperwork stating how much your grandmother's monthly stay costs. So if any of grandma's stay in the nursing home was covered by Medicare (and it probably was up to 100 days a year) then she does not owe for that time.
Since you are the POA, submit a request to Medicare asking them to send itemized bills of what they have paid out in during your grandmother's stay in the facility. They will do this. Then you bring those papers to the court.
For example:
The nursing home tells you grandma's cost is $10,000 a month and she was there for three months. That would be $30,000.
If a statement from Medicare says that they paid out $60,000 for what was billed as say a three-week stay, this means the nursing home collected enough payment for six months from Medicare and are owed nothing. But Medicare is owed 30 grand. This is what I did.
Then you let Medicare deal with their fraud, and oh they will. If such is the case (and it was with us) the nursing home actually had to refund several thousand dollars that I had paid out because I was the POA.
If you can't afford a lawyer, you will have to do the research and legwork yourself. It's not impossible. Don't get worried about having to give the court a 'legal answer'. That doesn't mean you have to hire councel to represent you.
A 'legal answer' means you have to give a detailed timeline and explanation of exactly what happened from the first meeting you had with this nursing home, to the day your grandmother left it. You will have to produce this record that you will swear to under oath if you actually see the inside of a courtroom.
Have you been served with a summons to appear in court yet? I hope you have. If you have not then you will have to check the docket yourself online twice a week to look for your name. Collectors pull this all the time. You don't know you have to appear then lose by default. Don't let that happen.
You write a timeline of events and submit the Medicare papers and any other proof of money paid to them. The court sees cass like this every day. They know how nursing homes scam. You'll do fine.
For future reference if you ever have to deal with a nursing home again, NEVER meet with their people without a witness or without telling them you will be recording the meeting.
I've heard advice given to me, to never sign anything at hospital or any places for mom.
I can totally see how this could happen.
Please keep us posted,
Best of luck to you
Well, for some reason, the link won't work. This is the title of the article. Hopefully, if you google it, it will be at the top of the search results: "Nursing homes use lawsuits to demand friends and family pay off medical debts : Shots - Health News : NPR"
Something else to web search from KFF Health News (I've always found KFF Health News to be a wonderful resource for healthcare consumers): "Nursing Homes Are Suing the Friends and Family of Residents to Collect Debts - KFF Health News"
Also, 2020 was during the covid shutdown, so lots of things where in chaos, especially for NHs and care facilities.