July 31, 2024 — Issue Brief

This tip sheet for advocates was created to accompany a webinar hosted by the National Center on Law & Elder Rights on nursing home debt collection against residents, family members, and other third parties. While most older adults rely on Medicare and Medicaid to help pay for their care, these programs often come with significant out-of-pocket expenses and bills for residents to cover. When a nursing home bill is not paid, facilities can pursue several different strategies to collect payment from residents. In some cases, nursing homes will also pursue third parties for these bills, such as family members and caregivers, despite federal law prohibiting third-party guarantees in nursing home admission agreements. Advocates should be on the lookout for any nursing home debt collection lawsuits against nursing home residents and third parties, as many residents and caregivers who are sued have defenses related to these actions.

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