When you move into an assisted living facility, you expect to call it home for the remainder of your life. However, an assisted living facility may discharge a resident if it is determined that the facility can no longer meet the resident’s needs. A resident may also find himself facing a discharge once he becomes eligible for Medicaid, even though assisted living facilities can accept Medicaid.
According to the Assisted Living Federation of America (ALFA), assisted living facilities are regulated on the state level. Every state has its own rules pertaining to assisted living facilities. Most states require a facility to give a resident a notice of discharge. If you receive a notice, do not immediately leave. Some states consider an assisted living discharge an eviction, in which case the facility would have to go to court before they can enforce the discharge. In court you may be given the opportunity to argue against the facility’s decision.
In other states it is unclear whether or not a discharge constitutes an eviction. Therefore, a facility may not know, if at all, what recourse they have if you refuse to leave. Some states give a resident the right to meet with the staff member who made the discharge decision, or the resident may have the option of filing a complaint with the state licensing board. In a few states, a resident may be entitled to an administrative hearing. Regardless of where you live, there is always the option of consulting with an attorney to discuss your rights and options.
