Today we continue our magical mystery tour through the case of Glastonbury Health Care Center v. Esposito. This case shows how one Connecticut nursing home resident’s son made several big mistakes in pursuing Connecticut Medicaid eligibility for his mother. Those mistakes ultimately resulted in the Court rendering judgment against him personally for over $100,000 in nursing home bills. The Esposito case is an excellent example of what not to do for anyone in the process of admitting a parent or spouse into a Connecticut nursing home.

Glastonbury Health Care Center sued Carmine Esposito for breach of contract, negligence, promissory estoppel, and fraudulent misrepresentation to hold him responsible for over $100k in nursing home bills. Today we will review the claim for promissory estoppel.

A claim for Promissory Estoppel exists when Read more…

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.

“It won’t happen to me” is something you hear a lot as a Connecticut Medicaid Attorney. Neighborhoods are full of stories of families that intentionally or unintentionally acted outside the boundaries of Connecticut Medicaid law and have so far gotten away with it. Nobody talks about when they get caught, and sometimes they do get caught.

Blanche Morin was a patient at Newington Health Care Center. The Probate Court determined Blanche was unable to manage her assets and appointed her daughter, Cynthia Tracy, as Conservator of the Person and Estate for Blanche Morin. As a result, Cynthia was responsible for managing Blanche’s assets and accounts.

With money running out quickly, Cynthia applied for Connecticut Medicaid to pay for Blanche’s care.

Unfortunately, Read more…