FIGHTING AN ASSISTED LIVING DISCHARGE

When you move into an assisted living complex, you expect to spend the rest of your days there. However, many assisted living residents suddenly find themselves facing eviction from their homes when their health deteriorates. Although there is no "one size fits all" way to handle a discharge from a facility, there are some things you can try.

In general, assisted living facilities have a lot of discretion to determine when to discharge a resident. According to the National Senior Citizens Law Center, 39 states allow a facility to discharge a patient if it can no longer meet the patient's needs. Massachusetts and 10 other states, however, (Connecticut, Georgia, Kentucky, Maryland, Minnesota, Nebraska, New Hampshire, New Jersey, North Dakota, and Rhode Island) are either silent about discharge or provide other reasons for discharge, such as the resident requires services that exceed the facility's license or the resident violates the admission agreement.

Almost all states require facilities to give residents notice of discharge, but the rules vary widely from state to state. In addition, laws regulating assisted living facilities are vague. While this gives facilities a lot of discretion, you can also use it to your advantage. If you are facing a discharge that you don't believe is fair, you should stay put, if possible. In Massachusetts (as well as New York, and Iowa), assisted living discharge is considered an eviction and is handled under landlord-tenant law. That means the facility is required to go to court before it can evict you, and you will get a chance to argue against the eviction.

If all else fails, you may be able to use anti-discrimination law to challenge the discharge. The Americans with Disabilities Act, the Fair Housing Amendments Act of 1988, and Section 504 of the Rehabilitation Act all protect tenants against discrimination on the basis of a physical or mental disability. Landlords are required to reasonably accommodate a disability unless it would cause an undue hardship. Using anti-discrimination law is very difficult and would require the assistance of a lawyer.

06/06