Can a nursing home keep payment made while waiting for Medicaid to be approved.

UPDATED: Oct 1, 2022

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Can a nursing home keep payment made while waiting for Medicaid to be approved.

My mother entered long term care on 8/3/18. My father paid
for the months of August,September,and October. He was told
the money would be refunded back to the date Medicaid became
effective. Medicaid approved her effective 9/1/18. The
nursing was now refusing to issue a refund. Can they legally
take double payment for those months?

Asked on June 14, 2019 under Insurance Law, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, they can't take a double payment--no one can (e.g. your doctor, for example, can't make you pay any amounts also paid by insurance). For any months that Medicaid paid, they have to return the payment to your father: if they don't, he could sue them (e.g. in small claims court) for the money.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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