Legal Question in Elder Law in Massachusetts
pna account in nursing home
Wanted to know if a Nursing home has the right to take my mothers pna account to pay themselves, after her death. Never sending me any notice or statement on her account. When I called and asked about it I was told it was a oversight, and she had a balance. She was on Medicare, and Medicaid. According to what I have read they should have notified me, and turned it over to her estate. I had POA and in will in charge of her estate.
Did they have the right to pay themselves? Never even sending me a statement of her account, I was the one that put money in her PNA.
1 Answer from Attorneys
Re: pna account in nursing home
Under the MassHealth regulations, the nursing home must turn over any funds remaining at death which are in the personal needs account of a MassHealth recipient to the Commonwealth.
Ask the nursing home for an account in writing -- if they fail to provide one, you may wish to contact the MassHealth Estate Recovery Unit in Worcester.
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