Hutchison, et al. v. Trilogy Health Services, LLC (1-30-14)
IN CoA (Kirsch; Friedlander and Bailey concur). Healthcare Law – 3rd Party Guarantor Agreements
Court of Appeals reverses judgment of small claims court. Plaintiff nursing care facility had move-in agreement with defendant’s mother containing 3rd Party/Responsible Agent language where resident could designate party to handle resident’s tab with the facility using resident’s funds. In this case, resident’s daughter (the defendant) was never appointed as agent and was given oral assurances that the move-in agreement did not make her financially liable for her mother’s care. The small claims court disagreed, eventually citing the move-in agreement.
The nursing care facility did not even file an Appellate brief and the CoA reversed the small claims court’s decision. The Court tinkered with the idea of ruling on the legality of 3rd party agent/nursing home agreements but declined and opted to wait another day.