Choosing a Facility & What NOT to Sign

What to look for during an unannounced tour

• Smell test: Does the hallway smell of fresh flowers covering up urine, or is it genuinely clean?
• Staff interactions: Are nursing aides talking with residents warmly, or staring at their phones while residents sit slumped in wheelchairs?
• Call light response: Sit quietly in the hallway and time how long a flashing call light takes to be answered by staff. (More than 10 minutes is a red flag).
• Food: Ask to look at the actual dinner plate served to residents on pureed or mechanical soft diets.

The dangerous admission contract trap

Under federal law (42 U.S.C. § 1395i-3(c)(5)(A)(ii)), a nursing home cannot require a third party to personally guarantee payment as a condition of admission.

• However, facilities frequently sneak in clauses labeling you the "Responsible Party."
• If you sign in your personal capacity, the facility can sue YOU personally for unpaid bills if Medicaid coverage is delayed.
• Always cross out any language suggesting personal financial liability before signing.