Is the Non-Resident Spouse Responsible?

The importance of Admission Agreements

As skilled nursing operators you have seen it before. A resident is discharged owing a balance. The resident is deceased or on social security or disability and cannot be forced to pay the bill. What do you do?  Can you collect the balance from the spouse?  If so, under what conditions?

Fortunately, in Utah, because skilled nursing services are deemed a “family necessity” the resident’s spouse is responsible for the debt if the following conditions are satisfied.

  1.  One of the spouses must have signed a written agreement, and
  2. The couple must be married and living together when the agreement is signed.
    UCA 30-2-9

Given the above, obtaining a signed Admission Agreement should be a priority. I am seeing cases where the non-resident spouse has available assets and resources to pay the bill but refuses to pay.  In such cases a signed Admission Agreement is the key to a successful resolution. In the absence of a signed Admission Agreement a signed “consent to treat” or other such document may suffice.