Acceptance of partial payment insufficient to show alteration of Admission Agreement.

Topic: Health Law, Decided by Judge Miller 
Docket Number: ***** , Decision Date: 2016-06-06 
Attachment: Click here to download the decision. 

The fact that the owner of a personal care home accepted partial payments from a resident did not alter the terms of the Admission Agreement where the resident assured the owner he would make up for the difference in payment at a later date.  Therefore, the facility was not required to provide the resident with “reasonable notice . . . of intention to rely on the exact terms of the agreement” before discharging him.  Further, the owner’s discharge of the resident complied with regulations enumerating the rights of personal care home residents.