Here is the second “secret” in this excellent article. My comments are in blue!
10 Things Assisted-Living Homes Won’t Tell You
By: JIM RENDON
- If we don’t like you, you’re out.
Knowing the limits of the care a facility can provide — and the thresholds of behavior or health that will lead to eviction — is as simple as looking at its contract, says Dave Kyllo, executive director of the National Center for Assisted Living. But who decides when those thresholds have been met? Not residents or their physicians. Management. People may be asked to leave because they are disagreeable, their health needs have become unpleasant, or they are transitioning to a less lucrative payment source (read: Medicaid), says Carlson. In those cases, it’s easy for a facility to claim that they can no longer care for an individual, whether or not that is actually true.
Most private pay assisted living communities cannot afford for people to move out unless it is absolutely necessary. These facilities are quite interested in keeping their apartments rented, and they work hard to provide customer service to residents and family members. Residents are sometimes asked to move to a different facility if they repeatedly do things that put themselves and other residents at risk. Sometimes they have medical conditons that become too unstable for assisted living, and require 24 hour supervision.
In Illinois a resident can be given an eviction notice with a 30 day notice if they are not paying their bill, if they refuse to participate in their service plan, or if they have conditions that progress in severity and require more assistance than the facility is licensed or able to provide. They must be provided with information about the right to appeal, and instructions about how to appeal. The notice must be in the resident’s(or their representative’s) language if they do not speak English. They must be given a postage paid hearing request form. A copy of the notice and the information about the appeal process must also be sent to the state Ombudsman. The facility must help the resident find alternate placement such as information about alternative facilities.
Unlike nursing homes, assisted-living facilities don’t have an industrywide process for appealing such decisions. California is one of a handful of states that require facilities hoping to evict someone to go to court (most states are silent on the process for eviction). But residents do have protections, even in states that do not have laws that pertain directly to evictions from assisted-living facilities, says Rajiv Nagaich, an elder-law attorney in Washington state. Local landlord-tenant laws and the Americans With Disabilities Act can be used to fight an unwanted eviction.