Social Security: Nursing Home Cannot Force Family To Pay For Resident's Care
Legal Eagle Eye Newsletter for the Nursing Profession
September 1996
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 residents 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 residents assets see that those assets are applied toward the residents care. Nursing Home vs Hinners, 548 N.W. 2d 573 (Iowa, 1996).