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Adult Children May Be Left To Pay
Nursing Home Costs Of Indigent Parents
By Emily Labows of Anderson Elder Law
Guest Contributor
In Pennsylvania, as well as 28 other states, adult children may be left to pay the nursing home and rehabilitation costs of their indigent parents.
Since 2008, lawyers and legislators have been watching and reporting on the course of the Pittas case in Pennsylvania; a case in which a son was sued by a rehabilitation and nursing center to pay his mother's $93,000 bill. The Pennsylvania Supreme Court refused to hear the latest appeal by Mr. Pittas, which makes the original judgment from the lower court from May 2012 final and binding.
"This is the first case holding an individual liable for a substantial amount of money in the absence of fault of that person," says Katherine Pearson, director of the Elder Protection Clinic at Penn State's Dickinson School of Law.
Usually, these law suits occur when the elderly person's money was misappropriated by the adult child and not used for the medical care that it was originally intended. Not so in the Pittas case. There was no finding here that the son was responsible for his mom's inability to pay her nursing home bill, nor was there any evidence that the son had transferred assets to enrich his financial position.
In this case, the court ruled that the state did not have to consider the other possibilities of payment of Mr. Pittas' mother's medical bills, including two other adult children, a husband, and even a pending Medicaid application. By looking at the joint yearly income of Mr. Pittas and his wife ($85,000), the court decided that Mr. Pittas had the means, and thus should shoulder the responsibility for the medical bills.
To understand the history behind this law, we have to look back to legislative decisions from July 2005, and the passage of the Deficit Reduction Act, which made it more difficult for individuals to transfer assets before qualifying for Medicaid coverage. With confusing and tedious Medicaid applications being delayed or inappropriately completed, the elderly person is left with a gap in funding for the high cost of medical and rehabilitation bills.
It is important to anticipate the financial challenges associated with elder care, and plan thoroughly for your future. When expenses accumulate between the time a nursing home patient runs out of personal funds, (including private insurance coverage and Medicare coverage) and the time it takes for a Medicaid application to be approved, gaps in funding for medical care can occur. It is advisable to seek the counsel of an Elder Law Attorney BEFORE these challenges occur.
An attorney that specializes in Elder Law can help you remain eligible for Medicaid and guide you through the application process as you c reate a long term care plan. The Medicaid Application procedure requires detailed information about the applicant's finances. Some nursing homes may offer to assist you in completing the Medicaid application, but may not have the financial history and information necessary. If the application is submitted but incomplete, it can be delayed or denied. If this happens and the nursing home fees continue to add up, the facility might sue the adult child of the patient.
Working with an Elder Law Attorney and paying for sound legal advice to make a plan before a crisis will give you and your family peace of mind and could save thousands of dollars in the future. Your best defense is planning.
Emily B. Labows is with the law firm of Anderson Elder Law (206 Old State Road in Media, PA), which specializes in areas of practice relating to elder law. For more information, contact the firm at 610-566-4700, [email protected], or visit www.andersonelderlaw.com.
Nursing Home Costs Of Indigent Parents
By Emily Labows of Anderson Elder Law
Guest Contributor
In Pennsylvania, as well as 28 other states, adult children may be left to pay the nursing home and rehabilitation costs of their indigent parents.
Since 2008, lawyers and legislators have been watching and reporting on the course of the Pittas case in Pennsylvania; a case in which a son was sued by a rehabilitation and nursing center to pay his mother's $93,000 bill. The Pennsylvania Supreme Court refused to hear the latest appeal by Mr. Pittas, which makes the original judgment from the lower court from May 2012 final and binding.
"This is the first case holding an individual liable for a substantial amount of money in the absence of fault of that person," says Katherine Pearson, director of the Elder Protection Clinic at Penn State's Dickinson School of Law.
Usually, these law suits occur when the elderly person's money was misappropriated by the adult child and not used for the medical care that it was originally intended. Not so in the Pittas case. There was no finding here that the son was responsible for his mom's inability to pay her nursing home bill, nor was there any evidence that the son had transferred assets to enrich his financial position.
In this case, the court ruled that the state did not have to consider the other possibilities of payment of Mr. Pittas' mother's medical bills, including two other adult children, a husband, and even a pending Medicaid application. By looking at the joint yearly income of Mr. Pittas and his wife ($85,000), the court decided that Mr. Pittas had the means, and thus should shoulder the responsibility for the medical bills.
To understand the history behind this law, we have to look back to legislative decisions from July 2005, and the passage of the Deficit Reduction Act, which made it more difficult for individuals to transfer assets before qualifying for Medicaid coverage. With confusing and tedious Medicaid applications being delayed or inappropriately completed, the elderly person is left with a gap in funding for the high cost of medical and rehabilitation bills.
It is important to anticipate the financial challenges associated with elder care, and plan thoroughly for your future. When expenses accumulate between the time a nursing home patient runs out of personal funds, (including private insurance coverage and Medicare coverage) and the time it takes for a Medicaid application to be approved, gaps in funding for medical care can occur. It is advisable to seek the counsel of an Elder Law Attorney BEFORE these challenges occur.
An attorney that specializes in Elder Law can help you remain eligible for Medicaid and guide you through the application process as you c reate a long term care plan. The Medicaid Application procedure requires detailed information about the applicant's finances. Some nursing homes may offer to assist you in completing the Medicaid application, but may not have the financial history and information necessary. If the application is submitted but incomplete, it can be delayed or denied. If this happens and the nursing home fees continue to add up, the facility might sue the adult child of the patient.
Working with an Elder Law Attorney and paying for sound legal advice to make a plan before a crisis will give you and your family peace of mind and could save thousands of dollars in the future. Your best defense is planning.
Emily B. Labows is with the law firm of Anderson Elder Law (206 Old State Road in Media, PA), which specializes in areas of practice relating to elder law. For more information, contact the firm at 610-566-4700, [email protected], or visit www.andersonelderlaw.com.