Revdex.com: I have reviewed the response made by the business in reference to complaint ID [redacted] , and find that this response/resolution is ABSOULETY NOT satisfactory to me Regards, [redacted] ***
I am counsel for Trilogy Health Services, LLC d h a Clearvista Lake Health CampusMy client forwarded to me the Revdex.com's May 31, letter for commentAdmitting a loved one to a long-term healthcare facility is often a stressful timeMany times, the soon-resident cannot sign his/her own
admission paperworkAs in the complainant's case, Clearvista asked someone to sign the MoAgreement when it admitted her motherIn the vast majority of instances, a child signs the MoAgreement.On October 14, 2014, when Clearvista Lake admitted the Complainant's mother (hereinafter "IG") into its facility, the Complainant signed Clearvista Lake's MoAgreementVia the MoAgreement, the Complainant agreed to be:The individual who is personally liable along with the resident, jointly and severally, for any and all charges for services provided by the Facility to the Resident, beginning on the date of admission and ending on the date of discharge.When Clearvista Lake admitted IG, she was a Medicaid residentFor the months of December and January 2015, my client billed Medicaid for IG's servicesHowever, effective December 2014, the State of Indiana determined IG's eligibility status was Qualified Medicare Beneficiary (QMB), onlySpecifically, Medicaid determined it would pay IG's Medicare deductibles and coinsurance, but Medicaid would not pay IG's Room and Board charges nor any other Medicare non-covered services at Clearvista LakeAs a result, IG accrued a private-pay balance at Clearvista Lake for the months of December and January Clearvista did not make this determination - the State of Indiana did.Pursuant to the MoAgreement, the Complainant agreed:The Resident and Responsible Party agree that the Facility is not assuming risk and shall not be responsible for [Medicaid's] refusal to pay or delay payment of any claimThe Resident and Responsible party agree to be responsible for and pay timely any and all unpaid Facility charges,and, The Resident and Responsible Party shall at all times cooperate fully with the Facility and each Third-Party payer to secure payment.Due to the Complainant's failure to keep her contractual promises, an account balance in the amount of $6,exists due and owing my client for IG's residencyVia the MoAgreement's terms, IG and the Complainant are also liable for my client's attorney fees incurred collecting this debt.Indiana law does not allow Clearvista to hold any party liable for a debt except the person who received the services and the one who contractually promised to pay the debtThe power of attorney did not sign the MoAgreementClearvista has no "privity" with the power of attorneyIf the Complainant wants to resolve this problem, she should implore the Power of Attorney to take whatever actions are necessary to get the facility paid or she should take them herselfBut my client cannot do anything against the Power of Attorney because he never made any promises to itThe Complainant signed the contractShe made promisesUnder Indiana law, my client has every right to hold her accountable.Via a May 26, letter, I explained all of this to the ComplainantMaking someone your Power of Attorney does not prohibit other persons from taking actions on your behalfNor does it stop you from taking your own actions.I hope this helps the Revdex.com understand my client's positionMy client's stance is rooted in what is allowed by Indiana lawThe bottom line is: if you make contractual promises, the other party has the right to hold you to themThank you.Very truly yours, *** *** ***, LLPRick R***
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this response/resolution is ABSOULETY NOT satisfactory to me.
Regards,
[redacted]
Revdex.com: I have reviewed the response made by the business in reference to complaint ID [redacted] , and find that this response/resolution is ABSOULETY NOT satisfactory to me Regards, [redacted] ***
I am counsel for Trilogy Health Services, LLC d h a Clearvista Lake Health CampusMy client forwarded to me the Revdex.com's May 31, letter for commentAdmitting a loved one to a long-term healthcare facility is often a stressful timeMany times, the soon-resident cannot sign his/her own
admission paperworkAs in the complainant's case, Clearvista asked someone to sign the MoAgreement when it admitted her motherIn the vast majority of instances, a child signs the MoAgreement.On October 14, 2014, when Clearvista Lake admitted the Complainant's mother (hereinafter "IG") into its facility, the Complainant signed Clearvista Lake's MoAgreementVia the MoAgreement, the Complainant agreed to be:The individual who is personally liable along with the resident, jointly and severally, for any and all charges for services provided by the Facility to the Resident, beginning on the date of admission and ending on the date of discharge.When Clearvista Lake admitted IG, she was a Medicaid residentFor the months of December and January 2015, my client billed Medicaid for IG's servicesHowever, effective December 2014, the State of Indiana determined IG's eligibility status was Qualified Medicare Beneficiary (QMB), onlySpecifically, Medicaid determined it would pay IG's Medicare deductibles and coinsurance, but Medicaid would not pay IG's Room and Board charges nor any other Medicare non-covered services at Clearvista LakeAs a result, IG accrued a private-pay balance at Clearvista Lake for the months of December and January Clearvista did not make this determination - the State of Indiana did.Pursuant to the MoAgreement, the Complainant agreed:The Resident and Responsible Party agree that the Facility is not assuming risk and shall not be responsible for [Medicaid's] refusal to pay or delay payment of any claimThe Resident and Responsible party agree to be responsible for and pay timely any and all unpaid Facility charges,and, The Resident and Responsible Party shall at all times cooperate fully with the Facility and each Third-Party payer to secure payment.Due to the Complainant's failure to keep her contractual promises, an account balance in the amount of $6,exists due and owing my client for IG's residencyVia the MoAgreement's terms, IG and the Complainant are also liable for my client's attorney fees incurred collecting this debt.Indiana law does not allow Clearvista to hold any party liable for a debt except the person who received the services and the one who contractually promised to pay the debtThe power of attorney did not sign the MoAgreementClearvista has no "privity" with the power of attorneyIf the Complainant wants to resolve this problem, she should implore the Power of Attorney to take whatever actions are necessary to get the facility paid or she should take them herselfBut my client cannot do anything against the Power of Attorney because he never made any promises to itThe Complainant signed the contractShe made promisesUnder Indiana law, my client has every right to hold her accountable.Via a May 26, letter, I explained all of this to the ComplainantMaking someone your Power of Attorney does not prohibit other persons from taking actions on your behalfNor does it stop you from taking your own actions.I hope this helps the Revdex.com understand my client's positionMy client's stance is rooted in what is allowed by Indiana lawThe bottom line is: if you make contractual promises, the other party has the right to hold you to themThank you.Very truly yours, *** *** ***, LLPRick R***
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this response/resolution is ABSOULETY NOT satisfactory to me.
Regards,
[redacted]