Assisted Living Facilities

Consumer's Guide 

TERMINATION OF THE CONTRACT 
Unfortunately, Virginia laws are very limited in protecting the rights of the resident if the facility wishes to terminate the contract. The regulations don't limit the reasons why a facility may terminate the contract but only require that if the facility plans to discharge the resident, "discharge planning shall begin immediately". 

Termination by the Facility: You should look carefully at the contract as to the reasons why the facility may terminate. Most contracts state that the facility may terminate and thus discharge the resident for nonpayment, medical necessity, and for reasons of safety and comfort of the resident and/or other residents. 

Discharge Notice: The regulations do require the facility to include the discharge date, the reason(s) for the discharge and the actions taken by the facility to assist the resident in the discharge and relocation process. The regulations state that the discharge shall take place within 30 days but the facility is allowed to discharge with only 14 days notice. The 14 days notice is waived in case of emergency. The facility is not responsible for transporting the resident or the resident's property. 

Contesting the Discharge: Virginia law does not provide for any definite procedure for contesting the discharge. Usually the contract itself provides for an internal review by the facility of the discharge but this hardly affords the resident any legal protection. It may be possible to file a lawsuit in the Circuit Court requesting that the court order the facility to follow the Landlord-Tenant laws in Virginia before it discharges the resident. This may at least provide the ability to go before an impartial judge in deciding whether the facility could discharge the resident as planned. 

Termination of the Contract by the Resident: If the resident wants to terminate the contract again one must look to the written contract agreement between the resident and the facility. Frequently the contract is very specific about the rules the resident must follow if he or she wishes to terminate. Usually the contract requires the resident to give 30 days notice before they terminate and insist that the resident is responsible for all bills until the end of the period. This can become a contested issue if the resident feels he or she has been injured by the facility and needs to terminate the contract immediately. 

Also, suppose the resident must go to a hospital or nursing home and becomes too ill for the assisted living facility to accept the resident back. What notice is required then and will the resident still be liable for a 30 day bill? You should ask management about this issue before you agree to enter the facility. This issue occurs a great deal and is frequently a cause of dispute between the resident and facility. If necessary you should see an attorney to protect your rights. 



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