The Washington State Department of Social and Health Services concludes that an assisted living facility violated a resident's rights when it refused to readmit him following a brief hospitalization without notice and a hearing. Driver v. Queen Anne Manor (Wash., D.S.H.S., Board of Appeals, No. 08-2010-A-1386, Jan. 12, 2011).
In early 2007, Medicaid recipient John Driver began living at Queen Anne Manor, an assisted living facility. In August 2010, the facility issued a discharge notice to Mr. Driver after he left for a brief hospital stay. When the facility refused to readmit him, Mr. Driver requested hearing with the state Medicaid agency, seeking to compel his readmission.
An administrative law judge (ALJ) relied heavily on laws governing nursing homes in concluding that the assisted living facility was required to readmit Mr. Driver to the first available bed or unit. The facility appealed the ALJ's decision to the agency's Board of Appeals, arguing that because the facility was a "Boarding Home" and not a nursing home, the ALJ erred in relying on laws governing nursing homes to give Mr. Driver a right of readmission.
The Board of Appeals affirms the ALJ's decision and rejects the facility's argument that it was not subject to laws governing nursing homes. The board notes that the state legislature expressly intended for all residents of long-term care facilities, including boarding homes, to have the same basic rights, including the right to a hearing and adequate notice. Because Queen Anne Manor did not provide notice to Mr. Driver before discharging him, the board orders the facility to readmit him to the first available bed or unit.
"The decision highlights the strengths of Washington's assisted living law . . . See Rev. Code Washington, sections 70-129-005- 70.129.902," comments the National Senior Citizens Law Center (NSCLC) in its Washington Report (Vol. 37, No. 3). A recent ElderLawAnswers article reported on an NSCLC White Paper warning of the risk of eviction facing assisted living facility residents such as Mr. Driver who leave the facility even for brief or minor hospitalizations, and proposing steps that states can take to protect assisted living facility residents. To view the article and related materials, click here.
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