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TexLaw, Attorney
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Experience:  Lead trial/International commercial attorney licensed 11 yrs
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If a private pay patient in a WV nursing home dies, is his

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If a private pay patient in a WV nursing home dies, is his estate entitled to a refund for the remaining days of the prepaid month?


Thank you for your question.

After reviewing WV law on this issue, I am of the opinion that she is correct. West Virginia law does not require that the nursing home issue a refund when a patient dies after paying for a month in advance unless the contract between the patient and the nursing home specifically provides for that right. However, if there were any personal funds of the patient that were deposited with the nursing home then W.Va Code Sec. 16-5C-18 makes that a refundable amount and the nursing home must keep a solid accounting of it.


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