Legal Eagle Eye Newsletter for the Nursing Profession (4)12 Sep 96

   When a disabled individual is admitted to a nursing home, it is illegal for the nursing home to require, as a condition of admission, that a family member agree to be personally responsible for payment for the resident’s care above and beyond what is paid by Social Security, according to the Social Security Act.

   However, according to the Supreme Court of Iowa, a nursing home can insist that a family member who is a trustee or has lawful access to the resident’s assets see that those assets are applied toward the resident’s care. Manor of Lake City, Inc. vs Hinners, 548 N.W. 2d 573 (Iowa, 1996).