Nursing home has not returned $11,000 deposit.

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I didn't want to complain, but finally had to. Just sent off an e-mail to the nursing home, disgusted, not with Mom's care, but with their billing.
When Mom was going to be admitted, I got a call at 7pm telling me I needed to give them a check for $22,000 before she would be admitted (one month in advance and $11,000 deposit to be returned) I did this in good faith.
It has been six weeks since Mom passed and no reimbursement of the $11,000, or reimbursement for the rest of the month after she passed which I pre-paid. I called 10 days ago and they left a message the check would be coming. Nada.

What is wrong with these people? Every single month I had to call them and ask for a bill because they never sent one. They also stopped breaking out the tax exemption and I had to request that for our tax return. Finally the last month she was there, the representative at the NH told me billing was making a mistake every month and applying the deposit as a monthly payment (by mistake) (of course billing was done from somewhere else)
Lets see how long it will take before someone gets back to me.

20 Comments

I wonder if you'd get a response by writing them a letter advising that since the deposit hasn't been returned, or refund of the balance of the month, that you've decided to charge them interest. Many places, including some doctor's offices, do that. Maybe 1.5% per month might be okay to start off. Then start sending THEM invoices.
Can you send them a letter CC'd to an attorney? It might be best to have an actual attorney write to them, but a simple CC might get some action.

Contact your local "area agency on aging" which you can google along with your state, county and city. Also look for a nursing home Ombudsman, who could advise you. Good luck!
AmyGrace, I am glad you mentioned this, I will need to check back to see if I had to pay a security deposit for my Mom for her stay at long-term-care. I can't remember much of anything back when Mom was admitted and I had to sign a stack of paperwork.
You may need to sue them for return of the money, with the cost of your lawyer and the court being paid by them. They are probably hoping if they ignore you that you will go away.
I sent the e-mail at 4pm yesterday. It is now noon - just waiting to see if I get a call or e-mail today or if (ha ha) it shows up in the mail. Our local legislator and also the state senator know us fairly well from committee work we have done for them. I hope for the NH sake they just send the check because I won't hesitate to call in those big guns. I've never asked for help before and that is what they are there for - to assist citizens. (The senator is well known for all his work on senior legislation so the NH will not want to gain a negative "reputation" with him)
A few years ago we had a health crisis with my dad - the ER social worker helped find him a bed in a rehab but since he hadn't been evaluated to see if he met Medicare qualification we had to have him admitted "private pay" - and of course a deposit- $3,000. After a couple of days Medicare approved and retro'd from day one. So I started to work on getting the deposit back. "No" - had to wait until dad was discharged "just in case". After five weeks, no "just in case", no refunded deposit. It took six months to get the deposit back - and by the last two months I was calling twice a week. Finally I went down, stood in their business office and said I wasn't leaving without the deposit. Yes, they wrote me a check on the spot. The thing that really gets me, is how they are about getting their (your) money - your loved one can bearly get in the door with out a deposit and signing your life away as a financial back-up PLUS whatever else they demand. But you ask for your legally entitled to deposit back? Don't hold your breath. If I were you, I'd already be throwing around the name of "our good family friend, the senator".
Amy - if this has been phone calls & emails...well they have no legal standing as maybe they were received or maybe not.

I'd suggest you send by certified mail with the return registered receipt (green post card) to the NH and if it's a chain to the corporate office a 1page letter requesting a refund of the 11k paid on 576767 by check # 5655656 and cashed on 55689. And state that you expect a response to this request within 7 -10 business days. The duo sent from uspo will run about $ 8.00. If you want to be real OCD, you also fax from FedEx office or other fax place that provides a printed transmission report. These are legal proof that it was received. You need to start doing things to establish a legal paper trail for a lawsuit or civil action against the NH if it comes to that.

Also please review the admissions agreement. If it has an arbitration clause, it may need to be settled by binding arbitration. Alot of attys do not do arbitration work....regular litigation yes but arbitration not so much. You do have a copy of all pages of admissions paperwork, right?
About your elected officials, well unless he or she sits on the LTC health care appropriations committee, they can't do squat on your behalf other than listen to your vent & concerns and do a "look into this phone call" to the facility. it's not like mom died of neglect, or burned in a fire at the facility or other big time negligence or discrimation issue which legislature can have power over. This is a contract dispute that gets resolved by correcting an accounting error, or by arbitration or by lawsuit.

Banting about elected officials name or your relationship in a fit of pique is very, very not good. Calls or a nudge on your behalf would have already been done if you are connected. Someone will just know you are the Congressmans niece...it's the American way!
Yes, I have a copy of the agreement, also of all the checks and bills. I'm giving them until Thursday, then calling one more time. I was told by the finance person that I would receive the deposit within 30 days of Mom's passing. It has now been 55 days, so I will give them until the end of the month. Then a call goes to the administrator, then to a lawyer, if need be. Political help will be a last resort but its nice to know it is there if need be. Not everyone realizes that is what they are there for, on the local level especially. Federal? Forget it!
Amy, I spent some time this afternoon reading the admission papers for the rehab facility my father's in now and thought of you when I read the provision that this particular facility commits in writing to a refund w/I 30 days of discharge or death.

The place you're dealing with might be in breach of its contract if it made any similar commitments.

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