Common use of Resident Representative Clause in Contracts

Resident Representative. The Resident Representative is the individual designated, by either a Court of law, the Resident or a family member or other party(ies) having an interest in the well-being of the resident, including but not limited to the Resident Representative’s self-designation by signing this Agreement, to receive information and assist and/or act on behalf of the Resident to the extent permitted by State law. Unless the Resident Representative is also the Resident's spouse or Sponsor, the Resident Representative is not a guarantor of payment and not obligated to pay for the cost of the Resident's care from his/her own funds. Notwithstanding the foregoing, to the extent the Resident Representative breaches the obligations personally undertaken to ensure that the Resident has a payment source for his/her nursing home care (either from private funds and/or a third-party payor) he/she may be personally liable to the Facility for the damages caused by said breach. By signing this Agreement, the Resident Representative hereby represents and warrants that he/ she shall (i) utilize the Resident’s funds to pay for the Resident’s care at the Facility to the extent he/she has access or the ability to access such funds; (ii) timely provide information and documentation requested by the Facility or a third party payor including, but not limited to, insurance and/or Medicaid (e.g., a request for documentation needed to complete a Medicaid application or insurance policy information); and (iii) timely provide accurate and complete information and documentation to the Facility regarding such matters as the Resident’s financial resources, citizenship or immigration status and third party insurance coverage. The Resident Representative xxxxxx agrees to indemnify and hold the Facility harmless from any loss, damage or expense the Facility may suffer or incur as a result of a breach of the foregoing representations and warranties. The Resident Representative acknowledges that nothing herein constitutes an impermissible third-party guarantee of payment; rather, this Agreement sets forth independent obligations that are being voluntarily undertaken by the Resident Representative that if breached may result in personal liability. The provisions in this paragraph shall survive termination of this Agreement for any reason.