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  1. #1
    Join Date
    Jan 2009
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    10

    Default Can You Appeal Being Kicked Out of Assisted Living

    My question involves a person located in the state of: Virginia

    Long story short, my father was living in an assisted living facility and became sick to the point of being unable to get out of bed at which point I took him to the nearest hospital. While he was in the hospital, the facility told the hospital that they would not accept him back because he needed more care than they could provide. I also got a phone call from them telling me to come and get his stuff ASAP so they can give his room to someone new.

    I know that people kicked out of nursing homes can appeal an involuntary discharge and the nursing home is responsible for finding them a new place, but I don't know if the law applies to assisted living. I'm thinking not because the facility told me that since my father was at the hospital, he's the hospital's problem now.

    My father has a lawyer on retainer but before calling her, I decided to come here and find out if there was any way of fighting this discharge or coming up with a permanent solution that provides him the 24-hour care he needs. I would prefer that he be able to return to the assisted living facility after the hospital and rehab as he will be ambulatory again, plus moving out of his house was hard on him to begin with and I don't want to do that again.

    (Also, he's not on Medicaid. His monthly income is enough for him to pay for the facility out-of-pocket.)

    Thanks in advance.

  2. #2
    Join Date
    Jul 2010
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    7,598

    Default Re: Kicked Out of Assisted Living.any Chance for Appeal/Legal Recourse

    If they are, in fact, not able to care for him properly then why would you want to send him back?

    You can try discussing things with the facility to see if there is a way to come to some sort of arrangement but if they don't feel capable of providing him the care he needs, you may not get anywhere.

  3. #3
    Join Date
    Sep 2010
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    18,826

    Default Re: Kicked Out of Assisted Living.any Chance for Appeal/Legal Recourse

    Assisted living is NOT a nursing home. Short of oral drugs and oxygen, they don't provide medical care. Plus the housing based on the unit he had, may limit them to ambulatory patients (there's emergency evac considerations in the state licensing). They're required to start discharge as soon as he no longer meets the standards of care they are able and licensed to provide. Whether he eventually will recover enough to be admissible again is something you'll have to see when that comes.

  4. #4
    Join Date
    Jan 2009
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    10

    Default Re: Kicked Out of Assisted Living.any Chance for Appeal/Legal Recourse

    I know assisted living can't take care of him when he's sick, that's why I took him to the hospital, so he can get better. I naturally assumed that after his ailments were treated in the hospital and he went to rehab to build his strength back up, he would return to the assisted living facility, since it is (or was) his home. I didn't expect them to drop him before he had a chance to get better but I guess that's how it is and nobody can do or say anything about it.

  5. #5
    Join Date
    Jun 2014
    Posts
    2,990

    Default Re: Kicked Out of Assisted Living.any Chance for Appeal/Legal Recourse

    You father may need to go into a nursing home. Assisted living does not provide the level of medical care your father will probably need. Assisted living facilities vary in what they provide. You need to talk to his doctors.

    Depending on your father's income and resources. He may or may not qualify to receive Medicaid services in a nursing home. The requirements for this form of Medicaid. is different than for other forms of Medicaid. Medicaid pays for things like help with getting dressed, bathing, eating, etc. This form of Medicaid does not pay for skilled nursing care. Medicare does,pay for skilled nursing care.

    A nursing home will charge your father for the care they give him. If he has regular monthly income. They will take almost all of it. for their monthly payment.

  6. #6
    Join Date
    Dec 2008
    Posts
    618

    Default Re: Can You Appeal Being Kicked Out of Assisted Living

    Quote Quoting MSWriter
    View Post
    My father has a lawyer on retainer but before calling her, I decided to come here and find out if there was any way of fighting this discharge or coming up with a permanent solution that provides him the 24-hour care he needs.
    That's an easy one!

    Do like we did for my MiL when she was in the same situation: Hire private duty aides to be with him 24/7, that way he'll get the care he needs separate from what the Assisted Living place provides. He'll get to stay there till the $$$ runs out then he'll end up in a Nursing home just like my MiL.

  7. #7
    Join Date
    Oct 2006
    Posts
    15,112

    Default Re: Can You Appeal Being Kicked Out of Assisted Living

    Quote Quoting yyz0
    View Post
    That's an easy one!

    Do like we did for my MiL when she was in the same situation: Hire private duty aides to be with him 24/7, that way he'll get the care he needs separate from what the Assisted Living place provides. He'll get to stay there till the $$$ runs out then he'll end up in a Nursing home just like my MiL.
    A nursing home is generally less expensive than 24/7 aides.

  8. #8
    Join Date
    Jun 2014
    Posts
    2,990

    Default Re: Can You Appeal Being Kicked Out of Assisted Living

    Quote Quoting llworking
    View Post
    A nursing home is generally less expensive than 24/7 aides.
    Aids cannot provide any type of medical care.

  9. #9
    Join Date
    Dec 2008
    Posts
    618

    Default Re: Can You Appeal Being Kicked Out of Assisted Living

    My point was that if the assisted living can't provide the required care and you want someone to stay in the assisted living then it's up to you to provide the additional assistance whether that is family members, aides or nurses. If you are able to provide the required care then they can stay in the assisted living if that is your goal.

    My MiL only had private aides for a few months till it became cost prohibitive. They didn't need to provide medical care in her case, more like ambulatory assistance and daily functional needs. It's not necessarily that someone needs "medical" care as they just need "personal" care with things like dressing, bathing, feeding, etc etc.

    The assisted living places don't provide this level of care so if you want to stay out of a nursing home then you need to source your care from outside the facility.

  10. #10
    Join Date
    Jun 2014
    Posts
    2,990

    Default Re: Can You Appeal Being Kicked Out of Assisted Living

    Assisted living varies depending on the state. These facilities have individual apartments. They have additional safety measures. For example Help Buttons in the bathroom and bedroom. Residents have activities.they can be involved in at the facility.

    At some facilities. residents sign a yearly lease. When a resident becomes unable to stay in assisted living. due to health problems. The lease is usually easy to get out of. These facilities usually have waiting lists.

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