Medicare will most likely cover it, but if not, if you didn't' sign anything making you responsible for your mom's bills, you shouldn't be responsible. If you did sign something, you might be held responsible for all or part of the bill and might want to consult an attorney.
I was in the same situation like you, my brother was in the nursing home for 12 days and he passed away suddenly and the nursing home said the bill was 1200 dollars luckly my brother had disability funds but the nursing home was waiting to see if his medical insurance would pay for the cost and the nursing home gives you the bill after 30 days so actually im still waiting to find out if the medical insurance is going to pay for it,it actually has been 30 days now so i should know soon
You would only be responsible if you willingly agreed to cover those charges for her. As long as you didn't sign anything, you should be fine.
* The way some paperwork is written, you could unknowingly sign something you don't understand, so make sure you understand whatever you're signing before ever signing it. This is why you should always read very carefully before ever signing any paper, because Once you sign, you agree to whatever the terms are
I forgot to mention that as long as you didn't sign anything agreeing to the charges, make sure to protect any assets you have because if the nursing home tries to go after you for the charges, they may be interested in your assets. This is why you should always be very careful about signing anything. Sometimes people have a tendency to just sign something even if they haven't read it or understood it. You never want to sign anything blindly or unknowingly. Doing so can really put you in a very nasty situation if you're not careful. Before signing anything, make it clear that you cannot and will not be able to be responsible for any charges due to economic reasons. If you happen to be on federal benefits like SSI, this should deter a nursing home from ever even thinking about holding you responsible for any charges you can't afford. If you're ever in a conversation with a nursing home and they ask you about assets, don't give out that kind of information because the nursing home most likely has lawyers who could find those assets if you offer that information, so don't ever offer that information. You always want to have some kind of protection just in case you ever need it. If a nursing home ever asks you about assets, either clam up or say you don't give out that kind of information and firmly stand your ground. If you face that kind of conversation, immediately call an attorney, especially if the nursing home ever tries to pressure you into giving out the information.
Listen to the people who suggested calling an attorney. For the four months my husband was in a nursing home before he died, I was not notified that his Medicaid pending benefits had been approved. I knew only that the nursing home was receiving his Social Security check by direct deposit, and that I could no longer care for him. I lived under great tension. I was afraid to ask the nursing home. Don't accept the nursing home's verbal statements. Invest in consulting an attorney who specializes in elder affairs.
Instead of worrying about something that has not happened yet, just wait for approval. If and when she dies, the nursing home will expect to be paid by either Medicare/Medicaid or you depending on when.
Medicare will pay for some portion of the nursing home bill the 1st 100 days as provided that the patient was transferred there from a geriatric psychiatric facility per a doctor's orders "and" the patient continues to improve. Once the patient starts declining, Medicare doesn't pay. Many insurance policies will pick the remaining cost during that 100 days. The social worker and the head nurse, who I knew, explained that to me when I checked mom in. Medicare starts paying 100% and I believe, it pays 80% the last 30 days.
You owe them the "share of cost" meaning you need to forward all the patient's income, SS, pensions etc. to the nursing home each month. Are you doing that?
Children are not responsible for parents debts unless you have signed something. If u are talking Medicaid, it may be retro from when she applied. Don't let them tell u otherwise.
Unless you signed something, you would only be responsible if you lived in a State that had a Filial Responsibility Law and your mom's estate did not have the money to pay the bill and medicare refused to pay and the NH felt you did have enough to pay it and therefor decided to sue. Then it would be up to the courts.
What are y'all thinking? If I had to sign away my left arm to get a parent care, I'd do it. I think the quwstuon is, will medicaicare continue the process of seeking funds even once the recipient has died. I think several people implied yes.
You would be well served by talking with an elder law attorney in your state who is able to help you determine whether your mom was eligibility for Medicare (was she discharged from a hospital to the nursing facility?), and/or prepare the application and supporting information needed to qualify her for Medicaid coverage.
Completing the Medicaid application properly can save time and expense for you, and the nursing home business office. If your Mom was eligible for Medicaid, the nursing home can be reimbursed by Medicaid. Otherwise, assets remaining in your Mom's estate must be used to pay for the care. The elder law attorney can help you properly calculate and report any estate administration expenses that have priority in settling your Mom's estate.
Federal Medicare and Medicaid law says that family members cannot be required to sign as a “Responsible Party” for payment of nursing home care costs. 42 USC §1396r(c)(5)(A)(ii). Some facilities have asked family members to “volunteer” to act as a responsible party. The federal law says: “a nursing facility must (ii) not require a third party guarantee of payment to the facility as a condition of admission (or expedited admission) to, or continued stay in, the facility.”
There are also state laws and regulations the prohibit a facility from requiring a resident to provide a third party guarantee of payment to the facility. Example from my state, Massachusetts: http://www.mass.gov/ago/docs/regulations/940-cmr-4-00.pdf
John L. Roberts -- Thank you for stating "The federal law says: “a nursing facility must (ii) not require a third party guarantee of payment to the facility as a condition of admission (or expedited admission) to, or continued stay in, the facility.” What would you have advised me to do when the administer of a nursing home asked me to sign a guarantee of payment to the nursing home to which he was admitted? I signed against my will, and Medicaid kicked in, but I worried until it did. I'm 84, and seek your advice so I can tell my son about it in case he ever has to admit me to a nursing home.
* The way some paperwork is written, you could unknowingly sign something you don't understand, so make sure you understand whatever you're signing before ever signing it. This is why you should always read very carefully before ever signing any paper, because Once you sign, you agree to whatever the terms are
Completing the Medicaid application properly can save time and expense for you, and the nursing home business office. If your Mom was eligible for Medicaid, the nursing home can be reimbursed by Medicaid. Otherwise, assets remaining in your Mom's estate must be used to pay for the care. The elder law attorney can help you properly calculate and report any estate administration expenses that have priority in settling your Mom's estate.
Federal Medicare and Medicaid law says that family members cannot be required to sign as a “Responsible Party” for payment of nursing home care costs. 42 USC §1396r(c)(5)(A)(ii). Some facilities have asked family members to “volunteer” to act as a responsible party. The federal law says: “a nursing facility must (ii) not require a third party guarantee of payment to the facility as a condition of admission (or expedited admission) to, or continued stay in, the facility.”
To read the nursing home law:
https://www.law.cornell.edu/uscode/text/42/1396r
Scroll down to §1396r(c)(5)(A)(ii)
There are also state laws and regulations the prohibit a facility from requiring a resident to provide a third party guarantee of payment to the facility. Example from my state, Massachusetts:
http://www.mass.gov/ago/docs/regulations/940-cmr-4-00.pdf