Why is my Parent Getting Kicked out of their Assisted Living Facility?
Surprised by a letter in the mail stating your parent has to move out of the assisted living facility in 30 or 45 days? Is an assisted living facility allowed to evict a resident like this?
As unfair as it might seem, the answer is yes.
Assisted Living Facilities are Following the Law in Discharging a High Needs Resident
State regulations require assisted living facilities remove any resident whose needs are too high for the ALF to handle. In other words, if a resident’s illnesses or condition deteriorate, the facility should discharge them to a higher needs facility.
An Example of When an ALF Should Discharge a Resident
Let’s say Mary is admitted into the assisted living facility at age 88. She has periodic confusion, but she’s largely OK. She enjoys participating in the ALF activities and can get around on her own.
Fast forward two years. Mary is 90 and unfortunately, her dementia has advanced. She cannot walk without assistance. She is combative with care and confused frequently. She cannot perform any of her activities of daily living (bathing, eating, walking, toileting). At this point, Mary would be safer in a nursing home. This is when it is appropriate for the A.L.F. to discharge Mary to a skilled nursing facility.
Why do Assisted Living Facilities Discharge Residents?
As angry as it might make you, ALF’s discharge high acuity residents to comply with state regulations.
In fact, if an assisted living facility keeps a high risk resident, and they fall and break their hip, our firm would file a lawsuit against the ALF.
In assisted living facility negligence cases, a common allegation is that the facility wrongfully kept a resident when it should have discharged them to a safer facility.
How Can I Appeal an Assisted Living Facility Notice to Vacate?
There is no real legal recourse, since as explained above, an ALF is allowed to kick a resident out without justification. However, your best bet is to file an appeal with your loved one’s insurer.
If you file a grievance with whoever is paying the bills, maybe the insurer will come down on the assisted living facility and allow them to remain as a resident.
Can I Sue an Assisted Living Facility for Kicking My Parent Out?
There is not really grounds for suing an ALF for wrongful discharge. As mentioned above, as frustrating as it may seem in the moment, an ALF discharging a resident is actually helping to keep the resident safe, since it is a gentle way of the ALF letting the family know the facility is unable to provide appropriate care and supervision for the older adult.
Our ALF negligence attorneys sue ALF’s for injuries, like falls resulting in broken bones, but we will not sue an assisted living facility for discharging a resident. Below are the most common injuries associated with a lawsuit against an assisted living facility.
So What Can I Do to Fight a 30 Day Discharge Letter from the ALF?
Again, your best option is to contact your family member’s health insurer and complain to them about the wrongful discharge.
Ultimately, as frustrating as it is to find new housing, it might be in your family member’s best interest to relocate them to a higher needs facility. Assisted living facilities are not equipped to handle high acuity residents, so by sending them to a nursing home, they may be saving their life.
Our assisted living neglect attorneys are unable to fight a discharge from a facility, but if your loved one suffered any injury that required hospitalization while at the ALF, contact our firm to investigate a potential injury claim against the at-fault facility.
