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Terminating Assisted Living

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Pawleena

Junior Member
What is the name of your state? California

My husband's mother is in the advanced stage of Alzheimer_s and was in an assisted living care facility run by a wonderful woman here in California. Unfortunately, she passed away several months ago and the person who inherited the facility sold it in May. From the beginning, my husband was extremely unhappy with the new ownership and the substandard care being provided. (All the previous employees were terminated and my husband was kept in the dark on a number of issues.) The new owner did not furnish a contract and the paperwork from the previous owner does not address notification to vacate. In mid-June, my husband decided he had to move his mother to another facility ASAP. Fortunately, he found another place then gave a week's notice. The owner of the place where he moved his mother said he would get a refund for the remaining days in June because he had no agreement with the owner who bought out the facility. Instead, however, the new owner insists the my husband owes for the month of July because he did not give 30 days notice. My husband has POA over his mother's trust. We want to know if we or the trust are liable. Is there a California or Ventura County law which states the number of days one needs to give notice before moving a relative from an assisted living care facility?What is the name of your state? California
 
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moburkes

Senior Member
There likely isn't a law, but it the facility bills in monthly increments, then a month's notice would be normal.
 
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Pawleena

Junior Member
moburkes said:
There likely isn't a law, but it the facility bills in monthly increments, then a month's notice would be normal.
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Under the original owner, the facility didn't bill. My husband just paid on a monthly basis. My husband never even wrote a check to the new owner. Those payments would have begun in July had he not moved his mother. So are we liable?
 
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lya

Senior Member
Medicare and Medicaid have rules r/t discharges and transfers within a calander month. Maybe the answer can be found via websites for Medicare and Medicaid.
 
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moburkes

Senior Member
Pawleena said:
Under the original owner, the facility didn't bill. My husband just paid on a monthly basis. My husband never even wrote a check to the new owner. Those payments would have begun in July had he not moved his mother. So are we liable?
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LIkely the new owner bought the entire business, including the contracts, otherwise they would have had to kick out all the residents.
 
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BlondiePB

Senior Member
Pawleena said:
What is the name of your state? California

My husband's mother is in the advanced stage of Alzheimer_s and was in an assisted living care facility run by a wonderful woman here in California. Unfortunately, she passed away several months ago and the person who inherited the facility sold it in May. From the beginning, my husband was extremely unhappy with the new ownership and the substandard care being provided. (All the previous employees were terminated and my husband was kept in the dark on a number of issues.) The new owner did not furnish a contract and the paperwork from the previous owner does not address notification to vacate. In mid-June, my husband decided he had to move his mother to another facility ASAP. Fortunately, he found another place then gave a week's notice. The owner of the place where he moved his mother said he would get a refund for the remaining days in June because he had no agreement with the owner who bought out the facility. Instead, however, the new owner insists the my husband owes for the month of July because he did not give 30 days notice. My husband has POA over his mother's trust. We want to know if we or the trust are liable. Is there a California or Ventura County law which states the number of days one needs to give notice before moving a relative from an assisted living care facility?What is the name of your state? California
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Yes, a new contract was to be provided by the new owner. You can call your state's Omsbudsman's (sp?) office and file a complaint. On the other hand, keep in mind is all the hassel worth about a week's worth of room & board? ;)
 
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Pawleena

Junior Member
BlondiePB said:
Yes, a new contract was to be provided by the new owner. You can call your state's Omsbudsman's (sp?) office and file a complaint. On the other hand, keep in mind is all the hassel worth about a week's worth of room & board? ;)
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It's not a week. We moved my husband's mother a week before the end of June and that was already paid for. The new owner wants the month of July even though he never provided a contact and the paperwork from the previous owner says nothing about the number of days that must be given prior to vacating. What sort of hassle might we be encountering?
 
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BlondiePB

Senior Member
Pawleena said:
It's not a week. We moved my husband's mother a week before the end of June and that was already paid for. The new owner wants the month of July even though he never provided a contact and the paperwork from the previous owner says nothing about the number of days that must be given prior to vacating. What sort of hassle might we be encountering?
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Thank you for clarifying & specifying the time here. Tell the new owner y'all are under no obligation to him, you're reporting him to the state, and to bite rocks. :D
 
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lya

Senior Member
If someone will tell me if the payor was private pay, insurance, Medicare, or Medicaid, I will find the rules for payment and changing providers.

Medicare will not pay two providers in the same month; however, there is a method of dividing payments between two sources.

If I remember correctly, the first half of the month will be paid to the original provider and the new facility will receive payment for days 15-30/31. For this OP, it leaves a balance owed to the new facility for the second week of the month and the resident/representative has to privately pay the difference. There is no recourse for making the original facility 'give back' the second week at billing is done in approved/legislated billing intervals.

Like I said, if someone will tell me the payor, I'll make one phone call and have the answer for you.


(a little humor: I don't know if anyone else's system shows the header of this thread as appears on my screen, but the "window" is titled "Terminating Ass"!)
 
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Pawleena

Junior Member
BlondiePB said:
Thank you for clarifying & specifying the time here. Tell the new owner y'all are under no obligation to him, you're reporting him to the state, and to bite rocks. :D
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Thanks very much for the information. I will tell the my husband about your suggestion to contact the ombudsman and report the new owner to the state.
 
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Pawleena

Junior Member
lya said:
If someone will tell me if the payor was private pay, insurance, Medicare, or Medicaid, I will find the rules for payment and changing providers.

Medicare will not pay two providers in the same month; however, there is a method of dividing payments between two sources.

If I remember correctly, the first half of the month will be paid to the original provider and the new facility will receive payment for days 15-30/31. For this OP, it leaves a balance owed to the new facility for the second week of the month and the resident/representative has to privately pay the difference. There is no recourse for making the original facility 'give back' the second week at billing is done in approved/legislated billing intervals.

Like I said, if someone will tell me the payor, I'll make one phone call and have the answer for you.


(a little humor: I don't know if anyone else's system shows the header of this thread as appears on my screen, but the "window" is titled "Terminating Ass"!)
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It's a private payor situation. My husband made payment to the previous owner in May for the month of June. That's when he found out the facility was bought out. His first payment to the new owner would have begun in July. As I said, the new owner didn't furnish a contract and did not notify my husband about a number of issues, including replacing all the staff and changing his mother's meds. He accidentally found out about the change in meds from the pharmacy. That really pissed him off and that's when he decided he had to get his mother out of the place. I really appreciate your offer to look into the matter.
 
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BlondiePB

Senior Member
Pawleena said:
... the new owner didn't furnish a contract and did not notify my husband about a number of issues, including replacing all the staff and changing his mother's meds. He accidentally found out about the change in meds from the pharmacy.
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The new owner became your FIL's physician....:eek: :eek: :eek:

Only FIL's physician can change the meds. Tell hubby to inspect dad's medical records and not to give any reason why he wants to inspect dad's medical records. As POA, hubby has the legal right to those records & the legal right to obtain a copy of any pages.

Also research "medical restraint(s)" and, if that is what the new owner did to dad, the new owner crossed the legal line here.
 
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