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Was Kaiser's property takeover justified?

By
Real Estate Agent with Marin Modern Real Estate
So, what do you think of this?  Kaiser Permanente seized, then auctioned off, the home of a Marin County woman to pay her hospital bills after she left the hospital and was placed under the guardianship of Marin County. 

Now for some background.  The 85-year-old homeowner had refused to leave the hospital and, after 14 months, was finally evicted.  She is now living in a nursing home at state expense.  Her extended stay in Kaiser cost $1.4 million, and the sale of the home is intended to partially reimburse Kaiser for the expense of her stay, with 10 percent of the proceedings being placed in a trust for the patient’s care in the nursing home.

The somewhat ramshackle home had been in the patient’s family since 1910 and was given to the patient’s daughter 2 years ago. A judge subsequently ruled that the change in ownership was an illegal transfer designed to avoid paying Kaiser Permanente. The property was then awarded to Kaiser, who put it up for auction.

The auction itself only lasted about 10 minutes, with around a dozen bidders participating. The winning bid was $600,000, which is quite a bargain when you consider San Anselmo real estate in that neighborhood is in great demand, and fixers can go as high as $1 million.

The daughter is living in the home and accuses Kaiser of committing fraud.  She claims to be looking forward to a “collaborative effort” with the new owner.  It would appear to me that the battle is not yet over.  It should be interesting to follow.

What are your thoughts on this?  Is it ethical to seize property to pay medical expenses?  What about transferring property to relatives when large bills are looming?  Who is right?  Who is wrong?  Is there a middle ground?  This is somewhat of a sticky wicket and I’d love to hear your opinions.



S W
Seattle, WA

Renee,

How interesting (and incredibly sad). I have no expertise in law, but I wasn't aware medical expenses could turn from "collections" to an acutal "judgment", that could force this type of property acquisition (the only route I can see for how this happened). Perhaps collectors don't pursue unless the collection is past a certain amount?

Why did the resident refuse to leave the hospital? Doesn't medicaid cover hospital expenses for the uninsured or old age in CA? Were they refusing her necessary treatment, or was she being obstinant? Of course, Kaiser Permantente doesn't necessarily have a stellar reputation...

Oct 12, 2007 05:40 PM
Renee Adelmann
Marin Modern Real Estate - Mill Valley, CA

It is quite interesting.    This case has a lot of local history and media coverage.     To answer some of your questions, check out the following article from the San Francisco Chronicle  which highlights some of the history leading up to the house being auctioned off.  

After you check out the article, lI'd be curious to know your thoughts.

Oct 12, 2007 06:09 PM