A NURSING HOME ADMISSIONS AGREEMENT IS A CONTRACT

By Fredrick P. Niemann, Esq. a New Jersey Contract Lawyer

“The interpretation of a contract is ordinarily a legal question for the court and may be decided on summary judgment unless ‘there is uncertainty, ambiguity or the need for parol evidence in aid of interpretation….’ “When interpreting a contract, a court must attempt to ascertain “the intention of the parties as revealed by the language used, the situation of the parties, the attendant circumstances, and the objects the parties were striving to attain.” Therefore, the court must determine whether a genuine issue of material fact exists regarding the parties’ intentions.

A trial court compares the contract language to the controlling federal laws.  In this case a New Jersey court found that the language of the Admission Agreement complies with the applicable provisions concerning third party guarantees. The federal law provides that a nursing home shall “not require a third party guarantee of payment to the facility as a condition of admission (or expedited admission) to, or continued stay in, the facility.” That statute also provides that the section shall not be interpreted as “preventing a facility from requiring an individual, who has legal access to a resident’s income or resources available to pay for care in the facility, to sign a contract (without incurring personal financial liability) to provide payment from the resident’s income or resources for such care.”

Contact me personally today to discuss your New Jersey contract issue.  I am easy to talk to, very approachable and can offer you practical, legal ways to handle your concerns.  You can reach me toll free at (855) 376-5291 or e-mail me at fniemann@hnlawfirm.com/.

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