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Understanding Nursing Home Care and Medicaid in Texas

Apr 4

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For many, nursing homes are the final stage of long-term care. While they strive to provide quality care, resources often determine the level of service available. If your loved one is transitioning to Medicaid, it is crucial to understand how Medicaid nursing home placements work and the rights and responsibilities associated with care agreements.


Nursing Home

Medicaid and Nursing Home Quality

When a parent or loved one qualifies for Medicaid-funded nursing home care, they may not have access to the highest-quality facilities. However, there are strategies to improve their placement options, such as the three-month strategy, which allows them to enter a preferred facility as a private-pay resident and then transition to a Medicaid bed. We’ll discuss this approach in more detail in future articles.


Understanding the Nursing Home Agreement


Federal Law Protections for Families

One of the most critical aspects of nursing home care is the nursing home agreement. Under federal law, you are not personally liable for your parent’s nursing home expenses. If a facility suggests otherwise, they are misinforming you. However, certain legal precedents have held children financially responsible under specific conditions, such as:

  1. Making Promises to Pay – If you commit in writing to covering certain costs and later fail to do so, you may be held liable.

  2. Misuse of Parent’s Funds – If you improperly manage or siphon off a parent’s assets without paying the nursing home, you could face legal consequences.


Ensuring Quality Care for Your Loved One

Nursing home staff often face high workloads, which can impact the level of care residents receive. To ensure your parent gets the best possible treatment, consider:

  • Regularly visiting the facility to check on their well-being.

  • Building relationships with nursing home staff to stay informed.

  • Advocating for their needs to ensure proper care and attention.


Next Steps: Navigating Medicaid Nursing Home Care

Understanding Medicaid’s role in nursing home care can be complex. In upcoming guides, we’ll cover:

  • How to qualify for a Medicaid nursing home bed

  • The three-month strategy for better placement

  • Legal considerations in nursing home agreements


If you need guidance on Medicaid applications or nursing home placement, consulting an elder law attorney can help protect your loved one’s rights while securing the best possible care.

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