Document Type


Publication Date

Spring 2004


Nursing homes routinely seek the signature of family member on nursing home agreements, calling the signer a "responsible party" or sponsor for the resident. Federal Medicare and Medicaid law provides that participating facilities must "not require a third party guarantee of payment to the facility as a condition of, or continued stay, in the facility." Nonetheless, if federal benefits prove to be unavailable, courts are holding responsible parties contractually liable for thousands of dollars for the care of their elders. This Article proposes public and private responses to the increasing likelihood that nursing homes will seek collection from family members.

Publication Title

U. Mich. J.L. Reform