Kicked Out of Memory Care?

I recently had a client who received an involuntary termination notice from the memory care facility where he lives. This is his home, and he has nowhere else to go. He has his daily habits. The staff understands him. So his family was shocked when the facility complained about his Medicaid status and informed him that he had 30 days to move out.

Where is he supposed to go? Is the facility even allowed to do this? What if there are no other facilities that will take him? These are just a few of the many questions families face in this situation. There are some important things to know if you find your loved one in this situation.

Except in extra-ordinary cases of imminent danger, the facility can not just put someone on then street. The law sets hard rules and regulations on how the facility has to handle discharges. The law provides protections for the elderly and people with cognitive challenges. The facility cannot force someone out because it’s too much work or costs too much.

At a minimum there are steps the facility must take:

1. They must provide written notice.

2. They must provide a clear reason. The acceptable reasons include things like imminent danger, likelihood to harm oneself or others, or if the senior’s medical needs have worsened to the point that the facility can no longer provide sufficient care.

3. They must inform you of your right to appeal. You and the family can fight it. That’s required by the rules.

4. They can not kick out your loved one. They need a solid plan for where he goes next and how. It is the facility’s responsibility to develop this plan.

If the facility fails to take any of the required steps, they are violating the law. You and your loved one have rights, and you should feel empowered to enforce those rights. If the facility has failed in its duties, an elder law attorney can help. The attorney can contact the facility and help ensure your loved one gets the treatment and dignity they deserve as a human being.

If you need assistance, William Smith Rielly handles elder law cases and may be able to assist you. Call us at 831-888-6004 for a free consultation or email bill@wsrelderlaw.com.