MA-51

[Mr Jones]

Jurisdiction

Pennsylvania

Regarding Form MA-51 that had been completed, in Pennsylvania.

As a surviving child, and administrator of my deceased mother's estate, am Iegally able to obtain a copy of a Form MA-51 that was filled out back when she was alive and entering into a LTC facility?

If so, how does one go about requesting a copy?

 

[justblue]

Regarding Form MA-51 that had been completed, in Pennsylvania.

As a surviving child, and administrator of my deceased mother's estate, am Iegally able to obtain a copy of a Form MA-51 that was filled out back when she was alive and entering into a LTC facility?

If so, how does one go about requesting a copy?

When was the form filed...what year?

 

[adjusterjack]

how does one go about requesting a copy?

Assuming you have your court papers confirming your appointment as administrator along with her death certificate, step 1 would be to walk into the facility's admin office with copies of the papers, present them and ask for the MA-51. You might have to fill out a form, maybe pay a fee.

If you are refused, you go back to court, get a subpoena, and have it served on the admin office. You can check your court rules to see if you can serve it yourself or have to have a process server.

PS: Why do you want it?

 

[army judge]

Regarding Form MA-51 that had been completed, in Pennsylvania.

As a surviving child, and administrator of my deceased mother's estate, am Iegally able to obtain a copy of a Form MA-51 that was filled out back when she was alive and entering into a LTC facility?

You can ask the facility for a copy.

The form you cited contains potentially confidential medical and mental health information.

Why do you THINK the form is necessary for you to administer your deceased mother's estate?

 

[Tax Counsel]

Regarding Form MA-51 that had been completed, in Pennsylvania.

As a surviving child, and administrator of my deceased mother's estate, am Iegally able to obtain a copy of a Form MA-51 that was filled out back when she was alive and entering into a LTC facility?

Yes.

If so, how does one go about requesting a copy?

Make the request in writing and include a copy of your appointment as administrator of her estate. I disagree with adjusterjack's advice about going showing up there cold and demanding it on the spot. They don't have to give it to you on the spot and may not be able to do so, thus you risk making a trip there for nothing and gain no extra leverage by doing so. Putting things in writing is generally your best evidence trail here to document your efforts to get the form.

And if you need to go to court to get it, it is not a subpoena that you need. You'd bring an action to compel the release of the records you are seeking. For that, you'd want to get the help of a lawyer.

Why do you need that information? It's not needed for administration of the estate itself.

 

[Mr Jones]

There's never been good relations with the admin offices of the LTC facility.

The form was supposedly filled out exactly one year ago. I filed a PA600L, one week after.

At an MA appeal hearing 7 months ago, it was learned the MA-51 wasn't completed correctly. Part of the agreement reached in the hearing was the form was to be completed by the facility.

My mother became MA eligible in November. Immediately, the LTC facility began seeking additional resident liability payment. When I received the eligibility letter (PA162) in December, it showed the Home Maintenance Deduction (HMD) as ending in July. While my mother was MA-pending, it was believed by all parties that the HMD would end in August. The LTC facility made adjustments to the resident liability, and this is why they seek additional money, which will need paid from the estate.

Two months ago, I contacted my attorney. I objected about the HMD end date. I learned the MA-51 was never completed. A hearing was requested.

My attorney withdrew the hearing request at the last moment. I was told "possibly" the HMD started the month of February (the month prior to when the MA-51 was initiated, and prior to filing the PA600L), when my mother spent a week in Skilled Nursing at the facility. That it "may have" been backdated. I objected. I requested a copy of the MA-51 from my attorney, but got nothing. Then, I requested the date the MA-51 was signed. No response.

My thoughts were to take this issue to a magistrate, since the hearing was withdrawn. I believe the estate owes the facility nothing, and that the facility owes the estate instead. I overpaid the facility when my attorney told me to pay resident liability for a month my mother wasn't even in the facility. I strongly objected, but the attorney said, "It can be sorted out later." The facility acknowledged the overpayment, but they've applied it as a credit towards the recalculated resident liability they are seeking.

After reading the Pennsylvania LTC Handbook and PA laws, it seems that a HMD, if applied, starts the month of the month that the doctor signs the MA-51. If this is correct, believing that the MA-51 was initiated in March, I would say the HMD would have started in March, and ended in August, as everyone previously thought. I have yet to find anything relating to backdating of the HMD.

I received no indication from the CAO of any backdating. From my reading, it seems the CAO "can" acknowledge that on the PA-162, but apparently doesn't have to. I really don't know about any backdating, and my attorney's office gives me the impression they don't either. Words like "probably" and "may have" suggest speculation.