Law Office of Donald D. Vanarelli Blog

A Rhode Island trial court holds that a niece who signed a nursing home admissions agreement on behalf of her aunt did not sign as a responsible party, and is therefore not personally liable for her aunt’s unpaid nursing home bill. Sunny View Nursing Home, Inc. v. Gorman (R.I. Super. Ct., No. KC 11-0491, Dec. 4, [...]

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An appeals court in New Jersey held that a nursing home resident’s adult child who signed a nursing home admission agreement as the “Responsible Party” can be sued in his/her individual capacity for monies owed to the facility for services rendered to the resident if the adult child fails to use the resident’s financial resources [...]

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In the Estate of Rosa M. Mendoza v. Trenton Psychiatric Hospital and Department of Human Services, Division of Mental Health Services, N.J. App. Div. No. A-1553-07T2 (July 20, 2010), the Superior Court of New Jersey, Appellate Division, affirmed a decision of NJ’s Department of Human Services (DHS) which approved the recommendation of the Compromise Panel [...]

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In an August 10, 2010 opinion that was approved for publication, the New Jersey Appellate Division addressed the Federal Arbitration Act (“FAA”) and its impact on New Jersey’s Nursing Home Responsibilities and Rights of Residents Act (“Residents’ Rights Act”). Estate of Ruszala v. Brookdale Living Communities, Inc., No. A-4403-08T1 (N.J. Super. App. Div. Aug. 10, [...]

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A North Carolina appeals court recently held that assets owned by an incompetent Medicaid recipient which were discovered by her family after she had been receiving Medicaid benefits for several years were countable and that the family must repay the benefits already paid on the Medicaid recipient’s behalf. Ella Mae Cloninger suffered from Alzheimer’s disease [...]

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Defendant, Benjamin Levine, served as power of attorney for his aunt, Grace Levine. Defendant’s aunt was admitted to a convalescent facility owned by plaintiff, Hebrew Health Care, Inc. During the admissions process, the defendant signed an “Admission and Financial Agreement” which provided, among other things, that defendant “promptly apply for, or … assist the [plaintiff] [...]

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The case of Detloff v. Absecon Manor Nursing Center, Docket No. A-5941-07T2 (App. Div., August 4, 2009) arose out of the care and treatment provided to decedent while she was admitted at defendant Absecon Manor, a long-term care facility. Plaintiff, executrix of the estate of Mary Mazzei, filed a complaint alleging nursing malpractice supported by [...]

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