Almost all state Medicaid programs will cover some assisted living costs, although there may be a waiting list.Read more
Assisted Living Facility Kicks Out Medicaid Residents Day Before Law Protecting Them Takes Effect
- April 14th, 2008
For an update on this article, click here.
On March 28, Elaine Vaughn's 94-year-old mother was given 60 days notice to find a new assisted living facility in her town of Poulsbo, Washington. The facility's owners announced that they could no longer afford to underwrite Medicaid residents like her, and she would have to go. Their decision has left a dozen older residents of Liberty Shores Assisted Living Retirement Community suddenly homeless. Mrs. Vaughn's mother had not left the building for eight years.
Northwest Care Management, the owners of Liberty Shores and three other eldercare facilities with Medicaid contracts, announced its decision just a day before Washington State Gov. Christine Gregoire signed a law designed to protect Medicaid recipients living in assisted care homes. The new law, which contained an emergency clause putting it into effect the day it was signed, stipulates that all boarding facilities that decide to stop accepting Medicaid payment must allow residents to stay or convert to Medicaid within 180 days of the facility's withdrawal from Medicaid.
State legislator Sherry Appleton, who supported the law, expressed shock that residents would be evicted before it took effect. "I just would not have expected that to happen," she told the local press. "As a member of our community, I'm terribly disappointed."Â "It was an eleventh-hour attempt to avoid the new law that would essentially protect these vulnerable people," Mrs. Vaughn said.
Northwest Care Management released a statement saying that it was "loathe" to take the step, but that Medicaid covered only about half of the real costs of the facility program, and that privately paying residents were having to pay more to make up for the shortfall.
Although some 30 states now allow Medicaid coverage of assisted living stays, more facility operators are dropping out of the Medicaid program and evicting residents. "This is a hot issue in this state, and everyone is getting involved," says George Zimmerman, residential policy manager at the State's Aging and Disability Services. In neighboring Oregon, assisted living operators have been trying to phase out Medicaid contracts in 29 centers across the state, and ElderLawAnswers earlier reported on evictions of Medicaid patients from facilities run by Assisted Living Concepts, Inc.
Mrs. Vaughn refuses to accept her mother's fate quietly. She has started a vigorous campaign to get the facility to back down. She has written the governor, lawmakers in the state House and Senate, and state regulators, and now awaits the state attorney general's ruling on the legality of the company's actions.
"The responses I hear from the president and CEO of Northwest Care Management are all from the business standpoint," Mrs. Vaughn says. "But he's taken pride, dignity and hope away from people in the process." As of now, her mother's move-out date is June 26.
For an article in the local North Kitsap Herald, on the evictions, click here.
Local Elder Law Attorneys in Ashburn, VA
Margaret A. O'Reilly, PC
Margaret A. O’Reilly is an estate planning and elder law attorney with over thirty-five years of legal experience. Attorney O’Reilly graduated from Duke University with a degree in psychology, and received her law degree from Northeastern University School of Law in Boston, Massachusetts. For over 15 y...
Needham Mitnick & Pollack, PLC
Judith Mtinick is well known for acting as a guardian, conservator, trustee or agent on behalf of clients or by court appointment. This experience gives her a wide perspective and extensive practical knowledge that she uses when advising clients in drafting their planning documents. Her experience, as a court appointed...
Hale Ball Carlson Baumgartner Murphy PLC
Attorney Samantha Simmons Fredieu is an associate at Hale Ball. Ms. Fredieu graduated magna cum laude from Vermont Law School where she was the symposium editor on the Vermont Law Review, a production editor on the Vermont Journal of Environmental Law, and a member of the Moot Court Advisory Board. She has clerked for...