Law Governing the Admissions Contract A facility participating in both Medicaid and Medicare is governed by federal and state law and regulations. If a facility does not participate in Medicaid or Medicare, only state law applies. You should find out if the facility you are considering participates in Medicare or Medicaid. Duration of Stay Agreements Nursing homes in Georgia are not prohibited from giving preference to an applicant who is able to pay privately over an applicant who is Medicaid-eligible. It is not true that once Medicare benefits are exhausted, the resident must leave the nursing home.
Federal law protects residents from discrimination based on method of payment.
Nursing homes must inform each resident who is entitled to Medicaid benefits what services are paid for by Medicaid and how a resident can apply for Medicaid. Such information must be provided to the resident in writing at the time of admission or at the time a resident becomes eligible for Medicaid. A facility may require an individual who has legal access to the resident's income or resources to pay for nursing home care and treatment from the resident's income and to sign an admissions contract, without incurring personal financial liability. Such individuals may include agents under financial powers of attorney, Social Security representative payees, or guardians of property. All residents must pay for personal items like haircuts and tobacco products.