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The nursing home bills 1 month in advance for the daily rate. Since his death, they continue to send the bill with NO CREDITS given for days billed after he died, it is close to $6000.00 credit due. They are threatening to sue, really sucky place. He died of Covid pneumonia, they moved him to Covid wing, didn't notify me until the day before he died. They will not return any phone calls or emails. I do not have any of his personal items from his room, as I live in another state over 1,500 miles away. This place sucks, horrible care, liars, and all they care about is money. They threatened to throw him out when the bill was not paid, as we were waiting for land sale to clear to pay for his care. The governor of the state had made a declaration early in Covid 19, that nursing homes could not throw patients out for non payment of bills, this was in effect when they sent the letter to me about throwing him out before he died. They also had their attorneys send a threatening letter for suing me personally, just horrible people and place of business. I am only child left, my sister died 1973, and mom passed in 1998.
How do I get them to accept final payment which is less than their statement, as I am deducting the credit that they owe on Dad's account?

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It is normal practice for nursing home to not refund days after death. They had to clean room, clean carpets, etc.

Sorry you are having to deal with this and sorry for your loss.

How was the agreement signed?
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Kimberly88 Jun 2021
Hi, Thanks for the supporting comments. I disagree, as his room rate was 280.00 per day, that is $8,860.00 for 31 days, and we know that the staff does not make that kind of money. Cleaning room is part of the room costs per day. They can charge for Kleenex and remotes to change the tv channel, but not to clean the room. The nursing home also will not return my phone calls or emails, and it is not legal per contract to bill dead people, otherwise if the nursing homes did this, they would never run out of money again.
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I was TOLD by Dad's memory care that in the case of death they can continue to charge until all personal effects are removed. Since you didn't remove personal effects it maybe that they can charge through the end of the month or 30days (notice period).

If there is anything in your contract about this then I would think an attorney would try to fix this for a cost less than the $6,000. Maybe you could hire him on contingency and he gets half of what you save?

Otherwise, I guess let them take you to court and have a judge decide what's fair.

Sucks that you have to deal with this!
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GardenArtist Jun 2021
If the NH does institute court proceedings, it would most likely plead for cost reimbursement, which may actually be awarded.
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They can't get anything from you if you didn't assume responsibility for his expenses. Read the contract.

Tell them to pound sand, or take it up with your dad. If they continue to harass you, a strongly worded letter from an attorney should shut that down.
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Kimberly, MJ1929 raises a good point.   Who signed the contracts?  

If you did and are liable, the Fair Debt Collections Practice Act would come into play.    Their actions would have to conform to the protections provided debtors.  That would include timelines, and a specific time for you to respond.

Please check (1) the contract and (2) the letters to determine if you have any liability and how to proceed w/i terms of the FDCPA.

Nevertheless, I would protect myself and find an attorney with collection experience, for the defendant.  If the NH is going to play hard, I would do so as well.
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I have to agree that the NH may be entitled to the whole month. You need to read the contract. Did you sign as the responsible party or as Dad's representative with POA? If as his POA you are not responsible for the bill, his estate is. If as responsible party, than you are.

What you could have done, if you are the responsible party, was pay what you felt was owed claiming the credit for the 21days. Then its up to the NH to prove why the 21days is due. They have 30days, I think, to research and get back to you. Believe me, their billing department would have called you.

His personal belongings would have been moved out the next day. And I doubt they still have them. His clothes would have been donated to residents who needed them. My Mom died at 1pm on Saturday. My daughter and I were there the next morning to clean out her stuff. They are a business, empty beds are money. They probably had someone in Moms bed on Monday.

Do you still owe the total amount or just the 21days u feel they aren't entitled to. Of course they are suing. When I worked, we allowed 60days for late payments. At that point, accts were put on hold and if not paid by 90days the acct went to collections.
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Kimberly88 Jun 2021
Hi, Thanks for your supporting comments. No nursing home cannot sue, per Governor of Iowa declaration made during Covid 19 pandemic, no person shall be discharged from any facility, including nursing homes for non payment during the declared Covid 19 pandemic in Iowa and nationwide, this gives parameters to the timeline, lawsuits not permitted during this timeline, despite the fact that 2 parcels of land had written real estate contracts for sale, just waiting to clear the court for approval of sale, meaning bill would be paid after monies are cleared to be used.
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I would send the amount for number of days he was actually in the facility along with a copy of the death certificate.

I would also copy their bill and send it back with the check and death certificate, after I marked it up showing number of days and strike out any fraudulent charges. Strike everything that is incorrect and put in the correct information.

Also, put payment in full for all services rendered on the check.

Send this and let them make the next move.

My dads facility charged in advance and the contract specifically stated that there would be no refund. Even if he paid on the 1st and died on the 2nd. Then they were mad because I paid them on the 3rd every month. Their contract gave this as a grace period for payment. Yep, they care more about the money than the patients for certain.
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