Can a CCRC kick you out? Understanding the Grounds for Termination
While the thought of being evicted from a Continuing Care Retirement Community (CCRC) is frightening, the good news is that residents are afforded certain protections. A CCRC cannot remove a resident without a valid, legally defensible reason. Your rights and the facility's obligations are outlined in the residency agreement, but state and federal laws also provide essential safeguards.
Valid reasons for CCRC termination
Continuing Care Retirement Communities can terminate a contract for a limited number of specific, legal reasons. These are typically spelled out in your admission agreement and upheld by state law.
Financial Reasons:
- Non-payment: Failure to pay monthly fees or other agreed-upon charges in a timely manner is a standard reason for eviction. CCRCs must provide proper notice and a chance for the resident to resolve the issue before pursuing eviction.
- Type C contracts: For residents with a fee-for-service (Type C) contract, running out of funds to pay for higher levels of care (like assisted living or skilled nursing) can lead to eviction. These contracts do not guarantee lifetime care if financial resources are depleted.
Behavioral Reasons:
- Endangering others: If a resident's behavior poses a significant threat to the health or safety of themselves or other residents, a CCRC can move to terminate the contract. This can include physical assault or extreme disruptive behavior.
- Material breach of contract: Violating the CCRC's written, reasonable rules and policies, as outlined in the admission agreement, can be grounds for termination.
Medical Reasons:
- Needs exceed facility capabilities: If a resident's health needs progress beyond the scope of what the CCRC is licensed or equipped to provide, the facility can seek to transfer or discharge the resident. This is a common point of dispute in assisted living scenarios.
- Change of use: In rare cases, if the facility changes its purpose or ceases to operate as a care facility, it can legally evict residents after providing sufficient notice.
The resident's rights during the eviction process
Residents are not helpless when a CCRC initiates an eviction. Long-term care residents have a number of rights and procedural protections that the facility must follow.
- Written notice: The CCRC must provide a written notice stating the specific reason for the eviction, the effective date, and details about the appeal process. The notice period is often 30 days but can be shorter in emergencies.
- Relocation plan: Facilities are typically required to help formulate a safe discharge plan, which includes finding a new, appropriate placement for the resident.
- Appeal rights: Residents have the right to appeal an involuntary discharge or transfer. An ombudsman or legal aid service can assist with this process.
- Financial assistance: For residents with extensive (Type A) or modified (Type B) contracts, running out of money may trigger a financial assistance process rather than an immediate eviction. Non-profit CCRCs often have benevolent funds for this purpose.
Comparison of CCRC Contract Types and Eviction Protection
Your level of protection from eviction due to financial hardship is heavily dependent on the type of contract you have with the CCRC. The three main types offer varying degrees of security.
| Feature | Type A (Extensive/Life-Care) | Type B (Modified) | Type C (Fee-for-Service) |
|---|---|---|---|
| Upfront Cost | Highest | Mid-range | Lowest |
| Monthly Fees | Stable, predictable fees cover all levels of care. | Fees increase with higher levels of care, but often at a discounted rate. | Fees start low but increase significantly with higher levels of care. |
| Financial Eviction | Extremely rare. Contract usually guarantees lifetime care even if funds are depleted. | Possible, but most CCRCs have financial assistance programs or benevolent funds. | Most likely to occur if the resident cannot pay for increasing care costs. |
| Health-Related Eviction | Possible if the CCRC cannot meet a resident's needs, but often involves transitioning to a different unit. | Possible if needs exceed the contract's specified coverage period. | More likely if care needs increase beyond what the resident can afford. |
| Protections | Strongest. Designed to provide peace of mind regarding long-term care and costs. | Moderate. Offers some financial predictability but less comprehensive security. | Weakest regarding financial protections for higher care needs. |
The process of challenging an eviction
If you believe an eviction is unjust, you have recourse. The first step is to seek legal advice and contact your local Long-Term Care Ombudsman. Never leave based on a verbal notice; always wait for the official, written documentation. The appeals process can involve a hearing where you can present your case. State laws and regulations often provide a framework for these appeals, but legal counsel can be invaluable in navigating this process. Some states, like California, require facilities to file a court action (unlawful detainer) to legally force a resident to leave.
Conclusion
While a CCRC can evict a resident, it is a complex process governed by a binding contract and state-specific laws. Common grounds for termination include non-payment, endangering others, or if the facility can no longer meet the resident's medical needs. However, residents are not without protection. Understanding your contract—especially the differences between Type A, B, and C agreements—is critical. In the event of an attempted eviction, residents have the right to formal notice, a discharge plan, and the opportunity to appeal, with valuable assistance available from legal experts and long-term care ombudsmen. By understanding these rights and the terms of your agreement, you can better protect your residency in a CCRC. Further information on elder law rights.
