The Nursing Home that my dad was in (N.Y.) is suiing me for fraud .My dad gave my children & me money for 11 years prior to his stroke. He had been living in his own home, cleaning it ,driving dancing etc right up until he had a stroke & went into a nursing home.He did not qualify for 9mos care due to the money he gave me & my children prior to his illness which was in the 5 yr look back period.. .The nursing home is coming after me for 9 mos care. I did not sign any papers. I did not receive any money once he became ill. There wasn't anything in the estate. Do they have a legitimate case against me ? I am completely stressed out.
There should have been a request for a fair hearing to contest the 9 month penalty period based upon your dad's past practice of giving money to you and your children. You must also look at who signed the admission's agreement and in what capacity. You are not personally responsible for the nursing home bill but could be responsible if you had access to any of your dad's assets.
You must consult with an Elder Law attorney immediately to preserve any rights you may have.
Ask the facility for the basis behind why they believe you are responsible for their father's debt. It could be that they are submitting a claim to you if you are executor of your father's estate. If not, and you truly didn't sign anything to the contrary- you should not be personally liable for your father's debts.
Contact a local elder law attorney to discuss your options.
While our practice is limited to elder law / medicaid planning and personal injury, it is generally impossible to give a complete and thorough answer on a forum such as Avvo. This answer is for general and informational purposes only and should not be relied upon by itself. Every case is different and comes with its unique set of circumstances that need to be thoroughly evaluated and discussed over the phone or in person with an attorney. By answering this question, no attorney-client relationship is established.
I would need more information to answer this. The penalty from Medicaid should have been exacted from your father through the penalty process. If the nursing home is suing you, I would need to see the complaint. Did they sue you? Did they file a claim against the estate? Are you sure you did not sign his contract? Some states, like PA, have filial responsibility whereby next of kin can be responsible for nursing care. My suggestion is to review the papers with an experienced NY elder law attorney.
Was a hair hearing requested after the decision was rendered which found that there was a 9 month penalty period?
Who filed the medicaid application?
Were you involved in the process?
At the agency level they will usually impose a penalty period on any gifts made during the five year period prior to the requested pickup date. However, if one files for a Fair Hearing the applicant can prevail if they can show that the gifts were made in the regular course of living one's life, there was a pattern of gifting over the years AND that the gifts were not make to qualify or Medicaid.
I suggest you consult with a competent Elder Law attorney in your area.
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