Misuse of Resident’s Financial Resources Sample Clauses

Misuse of Resident’s Financial Resources. Responsible Person is obligated to pay Facility from Resident’s financial resources for services and supplies provided to Resident in accordance with this Agreement. If the Responsible Person withholds or misappropriates Resident’s financial resources for personal use or gifts, or otherwise does not use the Resident’s financial resources to fulfill Resident’s financial obligations to Facility for services and supplies provided to Resident in accordance with this Agreement, then Responsible Person shall be liable for payment up to the value of the misused or misappropriated property. Responsible Person is also obligated to pay Facility for all losses or damages incurred by Facility by the failure of the Responsible Person to fulfill his/her duties under this Agreement. In the event that Facility initiates any legal actions or proceedings to collect payments due from Resident and Responsible Person under this Agreement, or to enforce Responsible Person’s obligations under this Agreement, then Resident and Responsible Person shall pay all damages, attorneys’ fees and costs incurred by Facility in pursuing the enforcement of Resident’s and/or Responsible Person’s financial or other obligations under this Agreement. Such damages, fees and costs may include, in the discretion of Facility, an amount equivalent to any revenue lost by Facility due to Responsible Person’s failure to timely submit or complete a Medical Assistance application or to cooperate with the Department of Human Services (hereinafter “DHS”) in the Medical Assistance eligibility determination.