Today we continue our journey through the case of Glastonbury Healthcare Center v. Esposito. In this article, we will review how Carmine Esposito, the son of a resident at Glastonbury Health Care Center, managed to get himself sued for negligence in obtaining Connecticut Medicaid eligibility for his mother, Josephine Esposito. His mistakes cost him over  $100,000, hopefully you will avoid making the same mistake.

In addition to the breach of nursing home admissions contract claims, Glastonbury Health Care Center claimed Carmine Esposito was negligent in getting Josephine’s application for Connecticut Medicaid approved. In order for the Court to find Carmine negligent, it has to find Read more…

A popular misconception seems to be that once a person gets into a Connecticut Nursing Home, they can not be discharged. Well, it may be nice to think that is true but a quick check of the Connecticut Statutes shows otherwise.

Connecticut Statute 19a-535 sets forth the requirements and procedures for discharge of a resident from a Connecticut Nursing Home. The statute allows a nursing home to discharge a self-pay resident “for his nonpayment or arrearage of more than fifteen days of the per diem facility room rate.”

15 days is all you get, after that the nursing home does have the ability to pursue discharge for non-payment.

This is important because some families drag their feet or never even finish satisfying the requirements for Connecticut Medicaid eligibility once their loved one is admitted into a Connecticut Nursing Home. If they do, and their Medicaid application is denied, they are making a big gamble that 1) the nursing home will not discharge the loved one, and 2) the nursing home will not pursue the family members for breach of the admissions contract.

A Connecticut Medicaid Attorney can help protect your loved one and your family from discharge and personal liability for nursing home bills. However, it is often too late after the mistakes have been made because there are some actions that simply can not be undone. Get it right the first time.

Today we continue to examine the case of Glastonbury Healthcare Center, Inc. v. Esposito. In the first post, we found out how the Court bound a resident’s son to the terms of a nursing home contract that he never signed. Now, we are going to take a closer look at exactly how Carmine Esposito breached the contract which led to the nursing home prevailing in its claim for over $100,000 against him.

There are two provisions in the contract that Carmine was accused of breaching. These provisions are: Read more…

Visitors to Title19CT.com already know that Connecticut nursing homes have been getting more aggressive in attempting to recover losses due to botched Connecticut Medicaid applications. For example, Newington Health Care Center recently sued the daughter of a resident for just under $16,000. Understanding where other families went wrong is critical to helping you not make the same mistakes.

Today we begin our adventure through the case of Glastonbury Healthcare Center, Inc. v. Esposito. And I do mean adventure. The end result is the nursing home was successful in its claim against the resident’s son for over $100,000. Our job is to understand how they won their case and how you can avoid having the same happen to you.

There is so much ground to cover in this case that it is going to take several posts to dissect it all.

The players involved:

• Carmine Esposito – the Defendant;
• Josephine Esposito – the Defendant’s mother and resident of Glastonbury Healthcare Center;
• Glastonbury Healthcare Center – the Plaintfiff;
• Lucy Higgins – admissions officer for Glastonbury Healthcare center;
• Laura Catarino – Connecticut DSS case worker;
• Attorney Michael Bellobuono – represented Carmine Esposito.

On April 1, 1998 Josephine became a resident of Glastonbury Healthcare Center.

Carmine Esposito met with the admissions officer Lucy Higgins on April 2nd. Lucy presented Carmine with the Admissions Agreement at that meeting and Carmine signed it under the power of attorney from Josephine. He did not sign the agreement as Responsible Party. The contract contained two significant provisions: Read more…