Can assisted living throw you out? Understanding resident rights and the eviction process

Every year, thousands of assisted living facility (ALF) residents face an involuntary discharge when their health declines or other issues arise. While a facility cannot simply remove a resident without cause, the answer to 'can assisted living throw you out?' is yes, but only under very specific, legally defined circumstances.

Quick Summary

Assisted living facilities can involuntarily discharge residents for reasons such as nonpayment, unmanageable care needs, or safety issues, but state-specific regulations require formal notice and provide appeal rights.

Key Points

• Involuntary Discharge is Possible: Assisted living facilities can legally evict residents, but only for specific, valid reasons like nonpayment or unmanageable care needs.

• State, Not Federal, Rules Apply: Unlike federally regulated nursing homes, assisted living facilities are governed by state law, which means resident protections vary by location.

• Notice is Required: A resident facing involuntary discharge must receive written notice, which typically includes the reason for the eviction and the effective date.

• Appeal Rights Exist: Residents usually have the right to appeal a discharge decision through administrative hearings or the court system, depending on state regulations.

• Resources Are Available: The Long-Term Care Ombudsman program is a free resource that advocates for residents and can assist in mediating disputes and fighting unfair evictions.

• Start with the Contract: The first step after receiving a notice is to thoroughly review the resident admission agreement for discharge policies and appeal procedures.

Your Legal Rights in Assisted Living

While the prospect of being involuntarily discharged from an assisted living facility is frightening, residents have specific rights designed to protect them from arbitrary or unfair evictions. The legal landscape for assisted living is primarily regulated at the state level, unlike nursing homes which are subject to federal oversight. This means the specific reasons and procedures for involuntary discharge can vary significantly depending on where the facility is located.

Valid Reasons for Involuntary Discharge

Assisted living facilities can terminate a residency for a number of legitimate reasons. These reasons are typically outlined in the resident admission agreement, but must also comply with state law. Common grounds for discharge include:

• Unmet Medical Needs: This is one of the most common reasons for an involuntary move. If a resident's health deteriorates to the point that the facility can no longer provide the level of care required—often due to state licensing limitations—the facility may initiate a discharge. This frequently occurs when a resident needs more intensive, skilled nursing care than the assisted living staff can provide.
• Nonpayment: Facilities can evict a resident for failing to pay for their stay within a specified timeframe, usually after a grace period. This is often the most straightforward reason for eviction and is clearly defined in the resident contract.
• Disruptive Behavior: A resident whose behavior poses a health or safety risk to themselves, other residents, or staff can be evicted. This can include physical aggression, verbal abuse, or other actions that significantly disrupt the facility's environment.
• Violation of Facility Rules: The resident agreement outlines specific rules and policies. A serious or repeated violation of these terms can be grounds for termination of the contract.
• Facility Closure: If the assisted living facility is closing, all residents must be relocated. In such cases, the facility is required to give ample notice and assist in the relocation process.

The Critical Difference: Assisted Living vs. Nursing Home Eviction

It is vital to understand the regulatory differences between assisted living and skilled nursing facilities, as this directly impacts a resident's eviction rights. Nursing homes, which are federally regulated, offer more robust protections against involuntary transfer and discharge. Assisted living facilities, on the other hand, are governed by state laws, which can offer considerably more discretion to the facility.

Feature	Assisted Living Facilities	Skilled Nursing Facilities
Regulation	Primarily State-level	Primarily Federal (Medicare/Medicaid)
Eviction Protections	Vary significantly by state; less stringent than nursing homes	Strong federal protections against involuntary transfer/discharge
Grounds for Eviction	Broader criteria (unmet medical needs, behavioral issues, nonpayment, etc.)	Limited to six specific reasons under federal law
Medicaid Eligibility	Facilities may be able to evict for loss of Medicaid eligibility or for being Medicaid-eligible	Federal protections prohibit eviction for change in payment status from private pay to Medicaid
Appeal Process	May involve administrative hearings or landlord-tenant court, depending on state law	Federally mandated, clearly defined appeal process

A Resident's Rights During the Eviction Process

Most states require assisted living facilities to follow a specific procedure before an involuntary discharge can occur. This typically includes:

1. Written Notice: The facility must provide the resident and their legal representative with a written notice detailing the reason for the discharge and its effective date. This notice period is often 30 days, though it can be shorter in emergencies.
2. Right to Appeal: Residents generally have the right to appeal the facility's decision. The specific process for this appeal is determined by state law and may involve administrative hearings or, in some states, landlord-tenant court.
3. Access to Advocacy: The Long-Term Care Ombudsman Program, present in every state, is a vital resource for residents facing eviction. Ombudsmen can act as advocates for residents, investigate complaints, and help negotiate a resolution.

What to Do If You Receive an Eviction Notice

Receiving an eviction notice can be overwhelming, but taking immediate, deliberate steps can significantly improve your position. Knowing the proper actions to take can help you challenge an unfair discharge or find a safe alternative.

1. Do not panic and do not move out immediately. Moving out right away, even if the notice says you only have 30 days, can weaken your position. In many states, you have the right to remain in the facility until the appeal process is complete.
2. Review the resident agreement immediately. This document is a contract outlining the rights and responsibilities of both parties. Look for clauses related to involuntary transfer, discharge policies, and grievance procedures.
3. Gather documentation. Collect all relevant documents, including the eviction notice, your resident agreement, medical records, financial records, and any correspondence with the facility.
4. Request a meeting with management. Arrange to meet with facility administrators to discuss the reasons for the eviction and explore potential resolutions. Come prepared with a solution, such as bringing in outside care if the issue is unmet medical needs, or a payment plan if the issue is financial.
5. Contact your local Long-Term Care Ombudsman. This is a free resource and the ombudsman's office is legally required to investigate complaints on behalf of residents. Find your local ombudsman via the National Consumer Voice for Quality Long-Term Care: https://theconsumervoice.org/get-help/.
6. Seek legal counsel. If negotiation fails and you believe the eviction is unfair, consult with an elder law attorney who can review your contract and advise you on state-specific legal options.

Conclusion

While an assisted living facility can assisted living throw you out, it must do so for legally justifiable reasons and by following state-specific procedural rules. Understanding your rights and knowing the steps to take if you receive an involuntary discharge notice are crucial. The key is to remain calm, gather your information, and leverage the available resources like the Long-Term Care Ombudsman program to advocate for a fair resolution. By being proactive, residents and their families can navigate this difficult process with confidence and ensure a safe, orderly transition.

Frequently Asked Questions

What are the most common reasons an assisted living facility can throw you out?

The most frequent reasons for an involuntary discharge from an assisted living facility include nonpayment, a decline in the resident's health that exceeds the facility's licensed care capabilities, and behavior that endangers the health or safety of others.

Is it legal for an assisted living facility to evict someone with dementia?

Yes, if the resident's needs become too complex or their behavior poses a safety risk, the facility may legally initiate a discharge, especially since dementia is a progressive disease. However, the facility must still follow proper state-specific eviction procedures.

What is the Long-Term Care Ombudsman and how can they help with an eviction?

The Long-Term Care Ombudsman is an advocate for residents' rights in long-term care facilities. They can investigate complaints, help negotiate with facility management, and provide information about the resident's rights during a discharge or eviction process.

What should I do first if I receive an eviction notice from an assisted living facility?

First, read the notice carefully, paying attention to the reason and the deadline. Then, review your admission agreement, gather all relevant documents, and contact the facility administrator to try and resolve the issue. It is also wise to contact the Long-Term Care Ombudsman's office immediately.

Can a facility evict a resident who is on Medicaid?

Some assisted living facilities may attempt to evict residents for becoming Medicaid-eligible, as assisted living funding is state-regulated and less protected than in nursing homes. However, residents whose assisted living is covered by a Medicaid waiver may have specific protections under federal law.

How long does an assisted living facility have to give me notice before an eviction?

Notice periods vary by state, but generally range from 30 to 60 days. Shorter notice may be permitted in emergency situations where the resident poses an immediate threat.

How does an assisted living eviction appeal process work?

The appeal process for an assisted living eviction is state-dependent. In many cases, it involves an administrative hearing with a state agency. Some states may treat it like a landlord-tenant eviction, requiring the facility to go to court.