Understanding the Grounds for Eviction
Unlike nursing homes, which are federally regulated, assisted living facilities (ALFs) are primarily overseen by state law, meaning the specific rules can vary. However, there are common, legally permissible reasons for an involuntary discharge, which is the formal term for an eviction from an assisted living community. The resident agreement, which serves as a contract between the resident and the facility, will outline these terms. It is crucial to review this document carefully before or after a move-in.
Common Reasons for Involuntary Discharge
- Non-Payment of Fees: This is one of the most common reasons for discharge. If a resident fails to pay for rent or services, the facility can initiate an eviction. This can sometimes occur improperly when a resident switches from private pay to Medicaid, so it's vital to ensure payment arrangements are clear.
- Care Needs Exceeding Capacity: Assisted living communities offer a specific level of care, and if a resident's health declines and requires a higher level of skilled nursing that the facility cannot provide, they may be asked to leave. Examples include becoming bedridden for an extended period, needing complex medical treatments, or significant cognitive decline beyond the scope of their services.
- Dangerous or Disruptive Behavior: If a resident's actions threaten the health or safety of themselves, other residents, or staff, the facility can move to evict them. This can include physical aggression, verbal harassment, or severe disruptive behavior.
- Violation of Facility Policies: All residents must adhere to the rules and policies outlined in their admission agreement. Persistent violation of these rules—such as smoking in non-designated areas or unauthorized changes to the living unit—can be grounds for removal.
- Facility Closure: In the rare event that the facility closes down, all residents will be discharged. In this case, the facility must assist residents with a safe and orderly transfer.
The Eviction Process: What to Expect
If an assisted living facility determines a resident must be discharged, they must follow a specific process. The exact steps are dictated by state law and the resident agreement, but typically include:
- Written Notice: Most states mandate that facilities provide residents and their legal representatives with a written notice of the involuntary discharge. This notice must state the reason for the eviction and include information on how to appeal the decision, often with a 30-day notice period, though this can vary.
- Documentation: The facility must have documented evidence to support the reason for the discharge. For medical-related evictions, this often requires documentation from a physician.
- Discharge Planning: The facility is legally obligated to create a safe and orderly discharge plan. This involves finding a suitable and available placement for the resident and ensuring a smooth transition to a new care setting.
Resident Rights and Recourse
Residents and their families have important rights when facing an involuntary discharge, and they do not have to accept the facility’s decision without a fight.
Steps to Take When an Eviction is Announced
- Review Your Agreement: Carefully examine the resident agreement to understand the stated grounds for eviction and the process the facility must follow.
- Negotiate with Management: Arrange a meeting with facility management to discuss the reasons for eviction. Sometimes a resolution can be found, such as bringing in outside care or resolving a behavioral issue.
- Contact an Ombudsman: The Long-Term Care Ombudsman Program is a legally mandated program available in every state to advocate for the rights of residents. They can investigate complaints and mediate disputes.
- Seek an Appeal or Hearing: Many states offer an administrative appeals process to challenge an involuntary discharge. If a resident files an appeal within the timeframe, they can often remain in the facility until the hearing is complete.
- Consult an Elder Law Attorney: For complex cases, involving an elder law attorney is highly recommended. They can review the situation, advise on specific state protections, and represent the resident in legal challenges.
Assisted Living vs. Nursing Home Eviction Protections
Understanding the differences between the two types of facilities is critical, as protections vary significantly.
| Feature | Assisted Living Facilities | Skilled Nursing Facilities (Nursing Homes) |
|---|---|---|
| Governing Law | Primarily state law and the resident agreement. | Federal law (Nursing Home Reform Law of 1987) and state law for Medicaid-certified facilities. |
| Reasons for Eviction | Broader criteria, including non-payment, needs exceeding scope of care, dangerous behavior, facility policy violations, and closure. | Federal law limits eviction to six specific reasons: non-payment, health improvement, safety risk, health risk, closure, or needs exceeding capacity. |
| Eviction Notice | Generally requires 30 days' written notice, but can vary by state and agreement. | Requires a written notice that must follow federal guidelines, including a clear explanation and appeal rights. |
| Appeals Process | Often involves a state administrative hearing process, but specific protections vary widely. Some states treat it under landlord-tenant law. | A formal appeal process with a state hearing officer is required. |
| Medicaid Protections | Protections for residents using Medicaid waivers vary by state, with some new federal rules offering comparable landlord-tenant rights. | Stronger federal protections exist for residents on Medicaid and Medicare, preventing eviction for non-payment while an appeal is pending. |
Final Thoughts
An assisted living facility can evict a resident, but it is not a unilateral decision without rules or recourse. By understanding the legal grounds for discharge and a resident's rights under both state and, in some cases, federal law, families can proactively navigate this challenging process. Being well-informed, reviewing the resident agreement, and not hesitating to seek assistance from a long-term care ombudsman or an elder law attorney are the most powerful tools available to protect a resident's home and rights. For more information on resident advocacy, refer to the National Consumer Voice for Quality Long-Term Care.
