There are many things to consider when deciding upon a nursing home for a loved one. Important things to keep in mind are the location of the nursing home, the activities provided, any special dementia services offered, as well as physician services. Once you have spent time researching the best nursing home for your loved one, the contract might seem like something simple to just sign and move-in. However, as with any contract you are signing, it is important to read the terms of the nursing home contract carefully to know exactly what is included and that your loved one’s rights are protected. Below are some specific considerations to look out for when you are reviewing a nursing home contract.
1. Who is signing the contract?
At the Law Office of Kate Curler, one of the most important things we look for in a nursing home contract is knowing who is responsible for payment. If you are signing a nursing home contract for a loved one, beware of language which would make you responsible for payment, such as naming you as a “guarantor”, “responsible party”, or “payor.” This language is prevalent in nursing home contracts. If payment is not made, nursing homes may seek to enforce such provisions against the person who signed the contract.
In Illinois, children of a person in a nursing home are not required to pay for their loved one’s care. However, if you sign the contract as a responsible party, then the nursing home might sue you for payment. For this reason, it is important you consult an attorney before signing a nursing home contract.
2. Liability/Arbitration.
A nursing home can be held liable for negligence and injuries resulting from actions, or inaction, on the part of the nursing home itself, or its employees. However, many nursing homes will try to get around this with language in their contracts. When reviewing a nursing home contract, look closely for any language that would limit or even waive the nursing home’s liability for negligence and personal injury. Additionally, look out for provisions requiring arbitration to resolve disputes. At the Law Office of Kate Curler, we often counsel client to cross out arbitration provisions in contracts.
3. Daily Rate and Supplemental Services
A nursing home contract should clearly set out the daily rate as well as what is included in that daily rate. Additionally, the contract must list any additional fees the nursing home will charge for supplemental services. Some examples of supplemental services may include expanded cable television, laundry, internet, beauty or barber shop services and meal delivery to your room. Keep in mind, however, that the contract should not include charges for any services covered by Medicare or Medicaid. Nursing homes also cannot charge additional fees for services and items which should be included in the daily rate including nursing services, dietary services, activities, room and bed maintenance services, routine personal hygiene items, and services provided by the nursing home to help maintain the resident’s mental health.
4. Resident’s Rights
Illinois law requires a nursing home to provide a statement of rights at the time of the resident’s admission to the nursing home. Some of these rights include*:
- The right not to be deprived of any constitutional rights including free speech, the right to vote (Election day is November 3rd), the right to practice one’s religion and the right to be free from unlawful discrimination;
- The right to send and receive mail, use the phone and have visitors;
- The right to manage your own financial affairs;
- The right to retain and use your personal property for your use or wear at the nursing home;
- The right to select your own physician; and
- The right to privacy in one’s room and in medical or personal care.
When reviewing a nursing home contract, look for a statement of resident rights to make sure you are familiar with your loved one’s rights.
At The Law Office of Kate Curler LLC, we have experience reviewing and negotiating nursing home contracts to ensure that your loved one knows exactly what you are signing and is comfortable with the terms of the contract. If you have questions about nursing home contracts or need further assistance, please contact Attorney Lauren Kaplan at lkaplan@curlerlaw.com or (312) 952-1077 for a free consultation.
*This list is not exhaustive. Consult or an attorney for more information. For further reference, some of the relevant regulations include 42 CFR Part 483 and The Nursing Home Care Act (NHCA) 219 ILCS 45/1-101.