Can Assisted Living Evict a Resident?
Yes, assisted living facilities (ALFs) have the right to evict a resident, also known as an involuntary discharge or transfer. However, this action cannot be taken arbitrarily. Unlike nursing homes, which are subject to federal rules regarding involuntary discharge, ALFs are primarily regulated at the state level. This means the specific grounds and procedures for eviction can vary, but generally, facilities must follow certain steps and provide residents with proper notice.
Common reasons for involuntary discharge
ALFs can ask a resident to leave for several common reasons, though the specifics are outlined in the residency contract.
- Non-payment: Failing to pay for services is one of the most straightforward grounds for eviction. However, facilities must provide proper notice and ensure residents understand their billing and payment options, especially if transitioning to Medicaid.
- Increased care needs: If a resident's health deteriorates and they require a higher level of care than the facility is licensed to provide, the ALF can initiate a transfer. This often occurs when a resident develops more complex medical issues or advanced dementia symptoms. The facility must document attempts to meet the resident's needs and may suggest bringing in outside help, which can be costly.
- Endangering health or safety: Eviction is possible if a resident's behavior poses a significant threat to their own health or safety, or that of other residents or staff. This includes violent behavior, frequent falls due to an inability to follow safety protocols, or repeated violations of facility rules.
- Violating the residency agreement: Residents must adhere to the rules and regulations outlined in their admission contract. Violations can range from smoking in non-designated areas to disruptive behavior that negatively impacts the community.
- Facility closure: If the assisted living community closes permanently, all residents will be discharged. The facility is still responsible for assisting with a safe and orderly transition to a new location.
Resident Rights During the Eviction Process
Even if a facility has valid grounds for eviction, residents have specific rights and protections. These rights vary by state, but many overlap.
- Right to notice: Most states require ALFs to provide a written notice of involuntary transfer or discharge. The notice period is typically 30 days but can vary depending on the state and the urgency of the reason.
- Right to appeal: Residents can often challenge an eviction notice through an appeals process. This may involve an informal conference with management, a hearing with a state administrative law judge, or, in some states, a court proceeding under landlord-tenant law.
- Right to assistance: The facility is generally required to assist with the discharge planning to ensure a safe transition to another care setting. Residents also have the right to contact their local long-term care ombudsman for advocacy and help resolving the dispute.
- Right to stay during appeal: In many jurisdictions, if a resident files an appeal within the specified timeframe, the facility cannot proceed with the eviction until the appeal is resolved.
- Protections against discrimination: Federal laws like the Americans with Disabilities Act may apply, requiring facilities to provide reasonable accommodations for a resident's disability unless it causes an undue hardship.
Comparison of Assisted Living and Nursing Home Eviction Protections
There are key differences in eviction protections for residents in assisted living facilities versus nursing homes.
| Feature | Assisted Living Facilities (ALFs) | Nursing Homes |
|---|---|---|
| Regulation | Primarily regulated by state law. | Primarily regulated by federal law (Nursing Home Reform Act). |
| Eviction Grounds | Broader discretion for facilities, but still must follow state rules and residency agreement. | Limited to six specific, legally-defined reasons. |
| Medicaid Protections | Limited federal protections, though some state Medicaid HCBS waivers offer similar tenant protections. | Strong federal protections for residents funded by Medicaid, prohibiting eviction due to change in payment source. |
| Appeals Process | Varies widely by state; may involve administrative hearings or civil court, or sometimes just an informal conference. | Follows a more standardized federal process with a right to a hearing. |
| Written Notice | Required in most states, with notice period typically defined by state law. | Federally mandated at least 30 days prior, with specific information required in the notice. |
| Protection During Appeal | Depends on state law; in many cases, resident can stay during the appeal. | Federally protected right to stay during the appeal process, unless there is a immediate danger. |
What to Do if Facing an Assisted Living Eviction
If you or a loved one receives an involuntary discharge notice, take these immediate steps:
- Read the Notice Carefully: Review the notice and the residency agreement to understand the stated reason for eviction and the timeframe given.
- Contact an Ombudsman: Reach out to your state's long-term care ombudsman program. They are advocates for residents and can provide guidance on your rights and the appeals process.
- Gather Documentation: Collect all relevant records, including financial statements, medical records, and any written communications with the facility.
- Communicate with the Facility: Request a meeting with management to discuss the issue. Sometimes a resolution can be reached through negotiation.
- Seek Legal Counsel: An elder law attorney can review your case, explain your rights under state and federal law, and represent you in an appeal or court proceeding.
Conclusion
While it is possible to get kicked out of an assisted living facility, the process is not a simple one. Regulations, residency agreements, and resident rights dictate the circumstances under which an involuntary discharge can occur, with common reasons including non-payment, increased care needs, and behavior that endangers the community. Residents have the right to notice, appeal, and assistance during this process. For residents and their families, understanding these rights and knowing where to seek help is crucial in navigating a potential eviction effectively and ensuring a safe transition, if necessary.
Important Considerations for Families
Family members should be proactive by reviewing the residency agreement before moving in and communicating openly with facility staff. Addressing issues early can often prevent the situation from escalating to the point of eviction. Having a contingency plan for a change in care needs or financial status is also a vital part of planning for long-term assisted living. Resources like the long-term care ombudsman are invaluable partners in protecting resident rights and ensuring fair treatment throughout the process.
