dunazee Asked April 5, 2025
Mom passed. NH is sending me bills.
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Hey folks. My mother passed in December. She was on Medicaid. DSS messed up her PL for a few months and did not make it retroactive when they fixed it. So there are a couple months of debt from the nursing home for a few thousand dollars. They keep sending me a bill. It’s my understanding that I am not responsible for her bills. There is no money. What do I do? This is in North Carolina, FYI.
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I have a feeling your were the contact, the reason why the bill was sent to you. I would call them and tell them it needs to say the "estate of". If you can't find the papers, ask them to provide proof that you signed as the responsible party. If it shows POA was behind your name, your not responsible. Tell them Mom died with no assets. If you want to offset the money with her PN acct, do that. Make sure the check says "final payment". If they cash it, then ur off the hook.
Make sure everything is in writing. All conversations, follow up with an mail. When all is said and done, you write a letter saying that Mom died indigent, she was pennyless. That you as her daughter were her POA and as such represented her but are not in any way responsible for her debts.
They are just grasping at straws.
The bill I am receiving is addressed to me, not to her, in care of me. It's about $2700. They are not charging interest.
@Geaton777: PL is Patient Liability. Maybe an NC thing? Anyway, this is the net income of the Medicaid recipient (gross income minus Medicare Parts B, C, D, and the $70 income allowance from her Social Security). I need to find the original paperwork to find out if I'm the "responsible party". I don't think so, as I probably wouldn't have signed it. I don't have that kind of money. Two bank accounts for her (SSA rep payee, VA fiduciary) were in my name only.
@AMZebbC: I will have to go back and see if I have copies of the forms I signed when she was admitted to the NH to see what my obligations are. I was listed as POA, and I have the documents, which I'm (reasonably) sure they have a copy of.
@igloo572, and others: When she first went on Medicaid, she had her Social Security, a small pension from her (deceased) husband's employer, and a VA survivor's pension from her husband's service. The sum of these was how it was determined what she could pay. The VA drops the pension to $90/mo when the recipient goes on Medicaid (these are the rules, and this was anticipated).
After the initial application for Medicaid, she was in the NH for a few months before Medicaid kicked in. The NH charged private pay rates. During that time, all her SS and VA income went to the NH, but it didn't cover the total cost. Once Medicaid kicked in, there was a promissory note to the NH for the remainder. While paying the promissory note, her PL was adjusted so that her SS, pension and VA went towards the promissory note. During this time, the VA dropped her benefit to $90/mo.
After the promissory note was fulfilled, DSS/Medicaid readjusted the PL and did not take into account that her VA benefit was much less. I talked to the NH (because I couldn't get in touch with anyone at DSS, that's another thread!), and they talked to DSS to have the PL adjusted, but it was not retroactive. (I don't know why. We did appeal, but I never got a straight answer.
So, I believe the statement I'm getting is for the period of time that DSS/Medicaid had her PL mis-adjusted.
There is a will, in which I was named executor, but I do not have the original, just a copy. There are no assets: no house or anything like that, just her personal effects and what was left over from the funeral trust after funeral expenses. A "small estate" was created after her death (intestant, because I don't have the original will) so that I could deposit the check the NH sent me (made out to The Estate of...) for her balance of personal funds.
@igloo572: Could or should they have kept her personal allowance if a balance was owed?
Havevyou been anle to straighten this out? In the end, though, if Mom died with no assets, then the NH will have to take the loss. You do not pay out of your own pocket. Medicaid screwed up, Medicaid fixes it. The office personnel are going the easy route. They don't want to deal with Medicaid. But looks like they will have to. Not you, them. If they need info, you give it, but they do the work.
‘ok fine - there is no area code for you to call her.’
Sanity eventually prevailed.
They are not your bills, unless you signed as the responsible party for bills.
You will need to review her annual Medicaid approval Statement. Was her income correctly stated? Where the allowed deductions for Medicare part B, C and D correct to accurately reflect your mothers fimancial responsibility.
Were you listed as POA and provided the facility with documents?
If you provided POA documents then the outstanding balance isn't your responsibility anymore and all correspondence should be done by the executor of her will/estate.
From the day she filed for NC LTC Medicaid she was supposed to do a required Share of Cost of all her monthly income less a small allowance of $70. That $70 is the Personal Needs Allowance figure for NC; and it’s the only $ she can retain once she files for NC LTC Medicaid. Her monthly income would be her SSA mo income or any other income paid to her monthly. So could be a pension, a dividend, an annuity in pay out mode. Any income not just that SSA $. It’s all her Share of Cost $ less $70.00. If that was not paid, it is $ that she - or you as her PoA - was required to pay to the NH. Could the bill be this?
The whole Share of Cost stuff often comes as a total surprise to everyone. In some States, until they actually clear the LTC Medicaid application and are eligible only then does it get taken out ALTHOUGH the SOC amounts from each of the months while the application is being processed is owed.
Again, could the bill be this? It’s a different type of debt that is owed. It’s not exactly a debt of the Estate as it was supposed to be paid from their monthly income.
Did you ever sign papers that you would be financially responsible for her bill? If so, then your responsible.
If you signed and POA behind your name, then your not. You may need to get a lawyer to write a letter that Mom left no estate, she died impoverished. That you are not responsible for her debts. You could try this yourselfto see if they except that.
PL - I bet- is Personal Liability. So would be the monthly income required to be paid to the NH for those on LTC Medicaid. Aka The Share of Cost.
less the State