INTRODUCTION

There are a variety of elder care living options available today. Independent Living is the term used to describe the life style of people who can maintain their own home or apartment and care for themselves. Assisted Living is increasing in popularity, and offers additional daily support from staff, helping the assisted living resident with such matters as bathing, dressing, meal preparation, or other “activities of daily living.” Persons affected by the first stages of Alzheimer’s Disease typically do not need 24 hour medical assistance or nursing home care, but need assistance in daily living activities.

But individuals who need not only assistance in activities of daily living but also daily medical assistance, may require the level of care provided in a Nursing Home. Such individuals are not so acutely ill as to require hospitalization, but instead need a lower level of
medical care. This is when a Nursing Home (also called a “Nursing Center”) becomes a primary alternative.

This brochure provides information about signing a nursing home contract. It describes what to look for and what to look out for before one enters into such a contract. It does not discuss quality of care issues. Quality of care is a very important element in selecting a nursing home, but there are other resources available to help individuals and families evaluate nursing homes for those issues. 

The Arlington County Bar Association Committee on the Legal Problems of the Elderly conducted a study of almost every nursing home contract in the Northern Virginia area. We looked at state and federal laws designed to protect consumers when signing a nursing home contract. Although we found some compliance with the law, we also found problems with the nursing home contracts. This brochure explains the problems, and what you can do to protect yourself. 

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Selecting a nursing home is a difficult experience. Families are rightfully concerned with quality of care, health issues, and the emotions of a family member having to accept living in a nursing home. Attention to contractual concerns is the last item one thinks about at such a time. But this subject cannot be ignored. 

The Arlington County Bar Committee on the Legal Problems of the Elderly wants you to know that there is help in the community to assist individuals and families in interpreting and evaluating nursing home contracts. Reading this is the first step.

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