SSI check and retirement check went into a trust fund first of every month. Discharge was in the middle of the month. Does nursing home owe refund for the remainder of the month?
If the person who was living in the nursing home paid at the beginning of the month for that month's rent, etc., a refund of the remainder may be due, but it also depends on what the language of the nursing home contract w/ the resident says re: how any refunds, if any, are to occur.
I'm going to guess that there is a complication here and that complication could be whether the cost of care at the facility was being paid in full by Medicare or whether, on the other hand, the care was being paid through Medicaid. At the prevailing rate for most nursing home facilities, an SSI check would cover something like 3 to 5 days of care. The patient typically pays almost all of their income as their "patient monthly liability" with Medicaid making up the difference. If MediCARE was paying the entire bill up to discharge then there may be some money to refund, otherwise, I think the figures get complicated even though the resident may have only been in the facility for half of the month. In any event, you will indeed need to look at the contract terms with the nursing home. Obviously any funds remaining in the resident's account for personal needs should be refunded.
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This smells like a Medicaid case to me, where the income goes into the trust fund to pay the patient pay amount. If so, no refund will be available, because the entire patient pay amount is due when Medicaid pays for any portion of the month... Consult with local elder law counsel with the particular facts...
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