Senior Law Guide

Be careful about financing your repairs through the contractor. You may be able to get a better loan through your bank or your mortgage company. Do not sign anything that gives the contractor a lien on your property. (However, if you do not pay the contractor, the contractor can place a Mechanic’s Lien on your home and could actually take possession of your house if you do not pay the contractor. Read more about this later).

Once you have contracted for work, do not pay everything up front. You should keep half of the payment for when the job is done properly. If the contractor tells you he needs to have more money for the materials, tell him you will pay for the materials directly to the building supply company, and subtract that amount from the final payment to the contractor.

You may have to have the work checked by the county inspector before it can be considered final. Once the work has passed inspection and you are happy with the work, make the final payment. Always get a signed receipt for any payments you make for home repairs, and keep your receipts.

If the contractor has a guarantee or warranty on his work, and you discover any problems, contact the contractor as soon as you discover the problem.

If you are getting repairs made to your home and the repairs will cost more than $150, the Home Improvement Law applies. Under this law, the contract for home repair must include several things:

• A description of the home improvements.
• The approximate starting and completion dates.
• The cost of the repairs.

The homeowner and the company or person doing the repairs must sign the contract.

If the contractor does not follow these rules and does not do the repairs correctly, the homeowner can sue the contractor for damages and attorney fees. The Attorney General can also make the contractor pay a fine.

If you have work done on your home and you do not pay for the work, the contractor can file a Mechanic’s Lien against your property. This means that if you try to sell the property, you will first need to pay off the lien. The contractor could even file a lawsuit asking the court to make you sell your home to pay the lien. You should receive notice from the contractor if the contractor files a Mechanic’s Lien or a lawsuit.

Do not ignore a Mechanic’s Lien or a lawsuit filed by a contractor. You could lose your home. If possible, you should pay the money owed. You can contact local agencies such as the ones listed above or your local Trustee to ask for help paying the money.

If you disagree with the amount the contractor says you owe or the way the work was done, you should contact an attorney right away.

If you have a problem with home repairs that have been done to your home, you can contact the Attorney General’s office at (800) 382-5516 and your local Better Business Bureau to make a complaint. You can also contact a private attorney or your local legal services office. A private attorney might handle your case without charging you a fee because the contractor might have to pay your attorney’s fees.

If you have a problem with home repairs, ESPAÑOL 1-877-323-6260 you should make these calls soon after you notice a problem because there are time limits for filing lawsuits.

Last revised: 7-03
LSC Code: 1620199

Homes must tell you about your rights at admission and upon request. Homes must provide:

• A copy of the latest survey results and any plan of correction in a public area.
• Advance notice of changes in your room or roommate.
• A written copy of your rights, the right to file a complaint and how to contact the ombudsman and the state survey agency.
• Written information about services covered under the basic rate and extra charges.
• Written and oral information concerning Medicaid.
• Notification of nurse staffing waivers.

Nursing facilities must respond to your needs and concerns, as expressed by you or your legal representative. You have the right to:

• Choose your personal physician.
• Receive full information, in advance, and participate in your care plan and treatment.
• Receive reasonable accommodation for your individual needs and preferences.
• Voice complaints without reprisal and receive a prompt response.
• Organize and participate in resident groups.

You have the right to:

• Participate in social, religious, and community activities as you choose.
• Have privacy during medical treatment, personal visits, written and telephone communications.
• Have all of your records kept confidential.

You may only be transferred for one of the following reasons:

• The transfer is necessary to meet your welfare and your needs cannot be met in the facility.
• Your health has improved so that nursing care is no longer needed.
• The health or safety of others is endangered.
• You have failed, after reasonable notice, to pay for your care.
• The facility closes.

Notice of Involuntary Relocation must be given on the form required by the State Health Department. You and your representatives have the following rights:

• At least thirty days advance notice, or as soon as possible if immediate transfer is needed because of your immediate health needs.
• Notice must include the reason for the transfer, the location to which you will be transferred, information concerning your right to appeal the transfer, and the name, address and phone number of the local and state ombudsman program.
• Information concerning bed-hold and your right to return to the next available semi-private bed if coverage ends, you need the services provided and your care is paid for by Medicaid.
• Preparation and orientation by facility staff to ensure safe and orderly transfer from the facility.

You have the right to receive visitors and to refuse visitors. The federal Reform Law provides for:

• Immediate access by personal physician and representatives from state and federal agencies, including the ombudsman program.
• Immediate access by relatives, if you consent.
• Immediate access by others with “reasonable” restrictions.
• Reasonable visits by groups, subject to your consent.
• Access by ombudsman to records with your consent.

Discrimination in treatment of residents is prohibited and applicants for admission are protected from fraudulent activities. Facilities must:

• Have identical policies regardless of source of payment.
• Provide information on how to apply for Medicaid.
• Not request, require or encourage residents to waive rights concerning Medicaid.
• If your facility is a Medicaid provider, not transfer or discharge solely because payment source has changed from private pay to Medicaid.
• Not require a guarantor of payment.
• Not charge, solicit, accept or receive gifts, money, donations or other “considerations” as a precondition for admission or continued stay for persons eligible for Medicaid.

You have the right to manage your own money. If you request the facility to manage your funds, the facility must:

• Keep funds over $50.00 in an interest bearing account.
• Keep your funds and facility funds separate.
• Keep and give you complete and accurate accountings, at least quarterly, and upon request.
• Not charge for services or items covered by Medicaid.
• Upon your death, turn funds over to the administrator of your estate.
• Purchase a surety bond or provide other assurance of security.

You are protected from physical, mental and sexual abuse and the inappropriate use of physical and chemical restraints, including freedom from:

• Physical or mental abuse, corporal punishment, or involuntary seclusion.
• Restraints used for discipline or convenience of staff.
• Restraints used without a physician’s written orders to treat medical symptoms.
• Drugs used to control mood, mental status, or behavior without a written physician’s order in the plan of care for a specific medical symptom. An independent, external expert must annually review the appropriateness of the prescriptions.