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Admissions, Waiting Lists, Contracts and Deposits

Admissions, Waiting Lists, Contracts and Deposits

Admissions and Waiting Lists 

How do I apply for admission to a nursing home? 

Nursing homes must provide application forms to anyone asking for one. Obtain applications for the homes you are interested in, complete them and return them to the home.

If you are hospitalized, the hospital social worker or discharge planner is responsible for requesting applications on your behalf and assisting you, your family, guardian or conservator in completing the application.

What are the steps in the application process?

When an application is requested, the home must send you an application and dated receipt within two days. At this time, the nursing home will place your name on the dated list of applicants. This list only shows that you have requested an application and that it has been mailed to you.

Upon receipt of the application, it must be filled out and returned to the nursing facility. When the application is received by the nursing facility, your name will be placed on the nursing facility waiting list. It is not until your name is placed on the waiting list that you will be considered for a bed in the nursing facility. The nursing facility will not place your name on the waiting list unless your application is substantially completed.

What financial information can a nursing facility request?

A nursing home may ask if you have private insurance that will pay for nursing home care or if you are entitled to Medicare or Medicaid. A home may not ask for financial information to show that you are not eligible for Medicaid.

Once I am on the waiting list, when will I be admitted?

Generally, a nursing home must admit applicants on a first-come, first-served basis, based on the date the home receives a completed application. However, Connecticut law provides that if a nursing facility has a certain percentage of beds occupied by Medicaid recipients, or the only room available is a private room, the facility may refuse to admit Medicaid applicants.

In addition to legalized discrimination against those covered by Medicaid, there are many exceptions to the first-come, first served requirement. For example, you should be allowed to be admitted ahead of others on the waiting list if your spouse is already a patient in the nursing facility, or if you require short term rehabilitation or respite care, or if you are residing in a facility that is closing its doors.

How long will it take before I am admitted?

It is difficult or impossible to know when you will be offered a bed. It will depend on how many persons are ahead of you on the waiting list and how often beds become available. The nursing facility must inform you of your place on the waiting list whenever you or your representative requests such information.

When can my name be removed from the waiting list?

Once your name is placed on the admission waiting list it may not be removed unless (a) you have been on the wait list at least 90 days, (b) the nursing facility writes to you asking if you wish to remain on the list, and (c) you do not respond to the letter within 30 days.

What can I do if I feel I am being improperly denied admission?

Contact your Regional Long-Term Care Ombudsman.  For more information, visit the State Long-Term Care Ombudsman Program website.

Contracts

Should I sign the contract that the nursing home gives me?

Since the obligations of the nursing home are specified in the law, there may be no need to sign a contract. Many nursing home contracts are designed primarily to limit the responsibility and liability of the home.

It is generally best to avoid signing a contract if you can. Keep in mind that a resident who has moved into the nursing home can never be forced to leave simply for refusing to sign the contract the home offers. Certainly, if you have any questions about a contract, discuss these with any attorney or the Ombudsman. Like any other contract, you can try to negotiate the terms. Be particular concerned about contract language that limits the home’s liability, the resident’s rights to sue, or that requires disputes to be handled through "binding arbitration."

Deposits

When can a nursing home ask for a deposit or advance payment?

A nursing home may not require a deposit or advance payment if nursing home care will be paid for by Medicaid or Medicare.

Each nursing home must prominently post the limitations on deposits or advance payments allowed under Medicare and Medicaid law and must obtain a written statement from persons seeking admission to document their understanding of those limitations.

Deposits for those covered by Medicare

No deposit may be required of a patient whose stay is coverable or partially coverable by Medicare. A nursing home may, however, request deposits for services such as private rooms, private duty nurse, television, phone and other personal comfort items which are not covered by Medicare.

If you are eligible for Medicare and the home thinks that your stay in the home will not be covered by Medicare, you must be given a written notice whenever a determination is made that your nursing facility stay will not be covered. That notice must give you the option to have a bill submitted to Medicare for review of the non-coverage decision. If you choose to have a bill submitted to Medicare, you cannot be charged until Medicare sends you its decision. If you do not receive a written notice telling you that your stay will not be covered, you cannot be charged for the services you received.

Deposits for those covered by Medicaid

If you are already receiving Medicaid, the nursing facility may not request any deposit or advance payment from you.  If you have applied for Medicaid, but have not yet been found eligible, and your stay will not be covered by Medicare, the nursing facility may only request a deposit or advance payment of no more than $1,500.  If a deposit is paid, it must be held in an account for your benefit and must be returned to you when your Medicaid eligibility has been established.

Admissions and waiting list law

Connecticut General Statutes

Sec.19a-560. Disclosure of Medicaid and Medicare participation and advance payment and deposit requirements by nursing homes.

Sec.19a-533. (Formerly Sec. 19-614a). Discrimination against indigent applicants. Definitions. Prohibitions. Record-keeping. Investigation of complaints. Penalties. Waiting lists; not required to accept indigents. Removal from waiting lists.

Please click on the underlined statutes above to view the law!

Regulations of Connecticut State Agencies

Sec. 17-311-200. Definitions.

(a) "nursing home"

(b) "indigent person"

(c) "applicant for admission"

(d) "dated list of applications"

(e) "waiting list"

Sec. 17-311-201. Prohibition of discrimination against indigent applicants.

Sec. 17-311-202. Admission in order of application of all applicants.

Sec. 17-311-203. Provision of receipts.

Sec. 17-311-204. Maintenance of dated list of applications.

Sec. 17-311-205. Mailing of written application to persons on dated list of applications.

Sec. 17-311-206. Maintenance of a waiting list

Sec. 17-311-207. Daily logs

Sec. 17-311-209. Admissions

Unfortunately, many State of Connecticut Regulations are not on-line.  If you are a Connecticut Bar Association member, you can use the Casemaker service to find the regulations.

Deposits and advance payments laws

Connecticut General Statutes § 19a-550 (b)(24), (25) and (26).  Patients' Bill or Rights.

42 Code of Federal Regulations § 483.10 (b)(10). Resident rights.

42 Code of Federal Regulations § 483.12 (d).  Admission, transfer and discharge rights.

These laws can be found at:

Call Legal Aid for Help


If you are 60 or older, call your local legal aid office.

Eastern CT (Willimantic area): 800-413-7796 or 860-456-1761

Western CT (Waterbury/Litchfield County): 800-413-7797 or 203-756-8074

Southwestern CT: 800-809-4434 or 203-336-3851 (Bridgeport) or 203-348-9216 (Stamford)

Northcentral CT (Hartford area): 860-541-5000

Southcentral CT: 203-946-4811
(New Haven)

Click here for more information.