Legislation Would Protect Assisted Living Residents From Discharge Once They Are On Medicaid

One state is considering legislation seeking enhanced protections and new strategies to ensure assisted living residents aren’t discharged simply because they pay with Medicaid.

The legislation comes after a report from a public advocate which alleged an assisted living company broke promises to elderly residents by telling them they could pay through Medicaid when their savings were depleted.

Despite that vow, the company allegedly involuntarily discharged elderly residents once they spent their savings.

“It’s appalling – yet also apparently reality - that assisted living facilities would break the trust they have with elderly patients who believed investing what they had left of their life-savings would bring them quality care for years to come,” one of the sponsors of the bill said. “We can and must do more to ensure peace of mind for elderly residents who otherwise face the threat of being tossed onto the street destitute.”

“Involuntarily shoving out the door a senior citizen who must rely on Medicaid but needs an assisted living facility to maintain their quality of life is a violation of any standard of decency,” another sponsor said. “We need new strategies and thinking to put a halt to this unspeakable practice, and we need them quickly.” For more, read the story.


Robert W. Carter, Jr. is a Virginia attorney whose law practice is dedicated to protecting the rights of the victims of nursing home and assisted living neglect and abuse in Richmond, Roanoke, Norfolk, Lynchburg, Danville, Charlottesville, and across Virginia.