05/31/2023
My Mom Died, and the Assisted Living Charged Me Because I Did Not Give Them A 30-Discharge Notice!
Some Assisted Living Communities in Missouri charge families a month (30 days) because they did not notify the facility of their intent to give up the room. Many admission contracts for Assisted Living communities say that you must give 30 days’ notice when you are planning on leaving. This is not a bad clause and prevents individuals from finding a “better place” and moving from community to community. However, in a recent case, I had a client’s mother pass away, and within a few days, they removed all her possessions from the room. The assisted living them sent them a bill stating they did not give them 30 days’ notice, so the family was liable to pay for 30 days.
I contacted the administrator and was told that they signed the admission agreement, which states that they must provide a 30 notice before discharge, or they will be charged for those days. I asked how someone is supposed to know that someone is going to die in 30 days and was told this was “non-negotiable.” The Department of Health and Senior Services (DHSS, Missouri agency regulating long-term care facilities) was notified, and a hotline call was placed. DHSS called the assisted living facility and was told the same thing; it’s in the admission contract, and the family signed the contract (the family signed as power of attorney.) In the course of DHSS’s investigation, they did a sample of other residents who had passed away and found that all the residents in their sample had been charged for 30 days after they passed. The State finally determined that this was a loophole, and there was nothing they could do at this time to get this daughter her money back. They are committed to closing this loophole the next time the regulations are up for review, but that could take several years.
What Can You Do Now? If you are looking for an Assisted Living Community, do this;
· If you are placing a loved one in an assisted living community, review their contact, and if it states that you must give a 30-day notice before leaving, add the following statement or something like this. I will provide the 30-day notice unless my loved one dies. I do not agree to pay for 30 days if my loved ones die. Note: The assisted living may refuse to admit your loved one if you do this, so be prepared to walk away if they do.
If You have already signed an admission agreement agreeing to pay a 30-day notice.
· If Your loved one dies and the assisted living sends you a bill for 30 days, do not pay the bill! Instead, let the assisted living attempt to sue you, and they will have to explain to a judge that there was a “breach of contract” because your loved one died and you did not know they were going to die and therefore could not give the 30-day notice.
Cheryl J. Wilson, M.S.
