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Liability for only partial services rendered in Assisted Living?

My Mom did not consistently receive the services that we contracted for on her care plan. Am I liable to still pay the total monthly bill? This includes inconsistent bathing, teeth brushing, garbage removal with soiled Depends, inconsistent medication distribution, cleaning of room, short-staffed so no supervision etc....

Status: Open    Jan 31, 2017 - 08:47 AM

Elder Law

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3 answers


Feb 09, 2017 - 10:34 AM

Short answer yes.
Look at it this way. if you checked into a hotel and they had not put the little soaps or shampoos in the room, would you still have to pay the entire bill? You would complain and they might choose to refund you or credit you in some manner, but you still owe for the room, and you would choose to not stay at that hotel again.

If your mother is not receiving the basic care that she needs, then payment is at the bottom of the list of your problems, Complain! Talk to the management!
Your mother needs the care!!!

Give them a chance to make things right and have your mother live in quality environment.
If poor quality care continues, then you need to get your mother out of there.

If your mother has been in a facility for an extended time and paying for her care is now becoming a serious burden, then moving her to a less expensive situation is appropriate. But if you are searching for examples of inadequate care as a mechanism of reducing your monthly charge, dont expect it to happen.

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By shirleyv03 on Feb 18, 2017 - 04:18 PM | Like (0)  |  Report

If the resident is being neglected in a licensed facility, that is hardly comparable to a hotel not supplying COMPLIMENTARY soaps. Assisted Living facilities have contractual obligations and some of the complaints listed qualify as neglect/abuse. The facility needs to be reported to the state licensing agency.
I did not see an indication that the questioner was "searching for examples of inadequate care" to get the fee lowered. I think that the family thinks that withholding part of the fee might make the facility do the right thing. I don't think that is the right approach, but reporting the negligent care to the proper authorities will ensure better treatment for all the residents there - or else the managers will be arrested.

By alicesavic on Feb 19, 2017 - 06:56 PM | Like (1)  |  Report

I agree shirleyv03 - The past several places my father have been have all demonstrated what macleitner describes - inconsistent hygiene, poor cleaning / trash removal, medication errors, not responding to call buttons, leaving residents in wet pullups, etc. I have found that talking to the management, the past few times, leads nowhere. I've moved my father a few times but, like others, have found this to be the case in many places. There need to be stricter consequences for these facilities. They know they can get away with murder...literally.

By donna.delusso on Feb 19, 2017 - 07:56 PM | Like (1)  |  Report

I agree. Why do people get in this business if they don't care about the people they are supposed to care for. They lie and do whatever it takes and make you feel that you are stupid. I am not and neither is my mom or the other people living there. It is disgusting and frustrating and very difficult to move your loved ones especially if they have dementia. Shame on them.

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Feb 18, 2017 - 04:08 PM

If she is truly being neglected, as your question indicates, contact the department of health and human services in your state and report them. Licensed facilities are obligated to provide certain services. They must keep records, particularly of medication administration and staffing on hand. Make that phone call! The state will investigate!
However, you still have to pay, unless you can get a lawyer to sue for breach of contract on your mom's behalf. But at least she and the other residents will start getting appropriate care.
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By tamara.cornelison on Feb 21, 2017 - 06:46 AM | Like (0)  |  Report

Usually it is the licensing agency that investigates the reports of neglect by the facility, at least in Alabama. I would try contacting the Department of Public Health (or similar) in the state as they are usually the licensing facility. The Ombudsman would also be a good person to contact.

By shirleyv03 on Feb 25, 2017 - 09:08 PM | Like (0)  |  Report

Tamara, I think we agree. Each state has its own name for the various agencies and they differ from state to state. I meant the licensing agency in whatever state you are in. In this state it is the Department of Health and Human Services that does the licensing. In Texas it is the department for Aging and Disabilities. You have to find out what it is called in your state. It should be easy to find through an internet search or by looking at the license posted in the facility, which might also have a phone number on it. Many states have ombudsmen programs; they can be another resource for getting corrective actions taken.

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Feb 18, 2017 - 04:23 PM

Report this facility to the agency in your state that licenses Assisted Living facilities. That is the best way to get the proper care for your mother and all the residents who live there. Proper staffing levels and accurate medication administration are required. If your complaints are accurate, the facility will be fined and will be more closely monitored in the future.
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