Nursing home contracts govern the rights and responsibilities of nursing homes and their residents and include many important provisions such as services, charges, cost of living increases, resident funds deposited, room assignments, Medicare and Medicaid requirements, move-out conditions, liability for injury or loss of personal property, consent to medical procedures, visitation hours, dispute resolution, and guarantee of payment of nursing home charges by a family member or other person.
In New York State, nursing home contracts are comprehensive documents that outline the legal relationship between nursing homes and their residents. These contracts cover a wide range of provisions including the types of services provided, fee structures, and how cost of living increases are handled. They also detail policies regarding the management of resident funds, room assignment protocols, and the conditions under which a resident may be moved out. Nursing home contracts must comply with both federal and state regulations, including adherence to Medicare and Medicaid requirements. Additionally, these contracts address liability issues relating to injury or loss of personal property, outline consent procedures for medical treatments, and set forth visitation rights. Dispute resolution mechanisms are typically included to handle potential conflicts. Importantly, New York law prohibits nursing homes from requiring a third party to guarantee payment of nursing home charges as a condition of admission or continued stay, except in certain circumstances where an adult child voluntarily agrees to financially assist with a parent's care.