If a Florida nursing home (also known as a skilled nursing facility) receives either medicare or medicaid payments, then it cannot require a third party* (i.e., a resident’s adult child) to guarantee payment to the facility as a condition for admission, expedited admission, or for the continued care of the resident patient. The federal law prohibiting this activity is found within the Federal Nursing Home Reform Act.
It should be noted, however, that if the third party (i.e., the resident’s adult child) holds a Power of Attorney or otherwise has legal access to their parent’s funds, then the nursing home may require the adult child to execute a contract to pay the facility from their parent’s funds without the adult child incurring any personal financial responsibility to the facility.
Beware, this federal law DOES NOT also apply to: (1) assisted living facilities, or (2) nursing homes that do not accept medicare or medicaid.
*The federal law refers to any third party but for purposes of this blog, I have utilized an adult child and parent by way of example.