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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116252
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My father in law was in a facility in Maryland near our home.

Customer Question

My father in law was in a facility in Maryland near our home. The facility has transferred him to a location 50 miles from our home with no notice. They say that it is because the bill has not been paid but they have never sent a bill. They did send papers saying they might discharge him due to an unpaid bill, but they did not mention a transfer. What is my recourse.
Submitted: 2 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Is your father in law on any type of medical assistance, such as medicaid? If not, have you applied him for medicaid yet?
They never notified you of the bill or how much was due and asked you for payment before they transferred him?
Customer: replied 2 years ago.
They sent us a letter saying that they were discharging him for not paying, but it does not say how much he owes. He was admitted under Aetna Medicare in March. They refused to pay because they say he needs long term care. We have been gathering the paperwork for medicaid and were told we needed to have the paperwork to them by June 1st. He has Parkinson's and needs help with everything. My wife would go and feed him twice a day. She is devastated. They have verbally asked my wife for payment but never in writing. Once they asked her for $24,000 and another time for $6,000. The only written communication is the discharge letter, no mention in the letter of a transfer. My wife would have brought him home before allowing this transfer.
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
If they did not send you a bill and did not give you an opportunity to pay, then there is a basis to sue them for breach of contract for moving him contrary to your contract without giving you the chance to cure the non-payment. In order for them to claim he was in breach of contract for non-payment, they had to first give him a chance to pay and one cannot pay if they are never given a bill itemizing the charges.
The insurer can be liable here too because it is their duty under the contract of insurance to pay for care covered under the contract.
At this point, you need to try to get him applied for medicaid. You also need to contact a local elder law attorney to review the insurance agreement and also to consider suing the nursing home for not providing a statement and a chance for you to pay before transferring him to another facility so far off.