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My grandmother has been in a nursing home since 2011 we originally paid out of pocket but then ran out of money and applied for medicaid. We had some bad legal advice and a lot of money had been gifted witch caused us to have a large penalty pay back period with Medicaid.We discussed this with the nursing home from the minute we knew there would be an issue with the application and possible payback period and at that time agreed we could pay $6,000 per month to the nursing home. We have been paying the nursing home $6000 per month as agreed about half the actual price during the Medicaid appeal process but now the nursing home is trying to get the current money owed but the family has no money to pay back the money owed. Can they throw out my grandmother even though she needs nursing care. What are our legal options?

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And, by the way, I am very very sorry you got bad legal advice. Ouch!
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Do you have the agreement in writing that they would accept $6,000/month during the penalty period? And proof that you have been paying that?

If you have an agreed-to payment plan and you are living up to it, I don't understand the issue. Have you missed some payments?
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Your options are stark. Will the NH kick maw to the curb?, no not really but what they can & will do if family just will not work out an enforceable payment plan that whomever is legally responsible and liable for…. then what the NH is likely to do is file for an emergency ward of the state hearing and placement on mom. Judge will approve mom to be under state guardianship. Which means all her $ is now controlled by guardian and guardian can decide if mom is to stay at that NH or move to another. Family does NOT have to be consulted either.

To me, it's the nuclear option for a facility to do. It does happen, I saw it at my mom's 1st NH. Mom in on Medicaid and entered owning her home (exempt asset & allowed by Medicaid) well her son sold the house…and kept the $. NH apparently tied for awhile to get payment, but Sonny kept promising. Long story short, mom was moved to a NH in adjacent co. The NH was over not so much dealing with his mom (she was nice dementia) but was totally over dealing with Sonny. I cannot imagine how awful for the mom.

Plus outstanding bill was still owed to the NH by Sonny.
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I was just looking at this question online and learned that there is the possibility of a hardship waiver for people who would lose nursing home care due to the Medicaid look-back period. Have you looked into that?
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Your legal option is to pay it all back. Now. Should you refuse to work out a payment plan, the nursing home will simply sue you and they will win. So if you want to lose YOUR house, be stubborn, don't pay. New Hampshire is a filial responsibility state and all the recipients of her gifts are liable.
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