Legal Question in Elder Law in New York

Nursing home costs after patient dies

My mom was a resident of a nursing home in New York State. When she died there was a dispute between the nursing home and medicaid as to continuation of payments. The nursing home ins now saying that her family owes a balance of $5000.00. We called medicaid and they say that their investigation shows that the $5000.00 balance is owed out of mom's money. There was a balance of about $600.00 in mom's bank account and that was paid to the nursing home. They now want us to pay the 5k. There is no additional $$$ and when I asked for an accounting by medicaid of how they arrived at their decision, they said that they were not obligated to give me details...Do I have to take my own money to pay this debt? Can I be prosecuted for this money even though I have not been given any accounting of how or why this money is owed. To me, the dispute is between the nursing home and medicaid. Please help with this. My mom is dead almost 3 years and they are still pursing us.


Asked on 6/27/08, 9:37 am

1 Answer from Attorneys
Richard Bryan Richard Bryan Attorney PC

Re: Nursing home costs after patient dies

If any debt is owed, it's owed by mom's estate, not by you. If mom had an estate when she died, creditors (including Medicaid, the nursing home, VISA/MC, anyone) have to get their money back from the estate. If there was no money when mom died, too bad for them.

Good luck.

Rick Bryan

New York, NY

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Answered on 6/27/08, 10:36 pm


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