Mom's facility implemented a new contract and increased her cost of living which she cannot afford. What do I do?

Why would she sign a new contract when the existing one was good through Oct 30,2015? Seems a bit odd to me.

I wondered the exact same thing. A contract is called a "contract" for a reason. Get her previous contract out, see if it says anything in there about the facility arbitrarily changing the terms at any time.

It sounds like you may need a lawyer but $500 is a huge difference in monthly rent, plus this new contract sounds a little shady. Up at the top of your screen is a category "Money and Legal". Start there.

There's also a website that some people go to. Supposedly there are lawyers online that give generic advice for free. I've also heard that this website is a sham so I don't know for sure. I'm sure there is someone here that knows for sure and can point you in the right direction.

Search around and move her if you have too what else can you do? If you don't have the money and can't find no other way. Either a new door will open up or a program that will help will show up. Either way seek and walk into the door that open for you and your mother.

There are free legal services for the elderly in every state. Is that what you mean by Eldercare? Call your local legal services program (grantee of the federal Legal Services Corp.) and get some advice and help.

There are free legal services for the elderly in every state. Is that what you mean by Eldercare? Call your local legal services program (grantee of the federal Legal Services Corp.) and get some advice and help.

Hi, Beatrice97....I'm wondering why Medicaid is not helping. I got my mom on Medicaid last October and she no longer has copays for doctor visits or medications. I have heard that Medicaid does not pay for Assisted Living; could this be why your mom is paying the rent at the ALCF? She should have a Medicaid case manager or case management team; they might be able to answer some questions and give advice.

Have you thought about moving her to a nursing home? I get a little confused about the difference between some Assisted Living facilities and nursing homes. Where I live, a person with the level of care your mom needs would not likely be accepted by the Assisted Living facilities I've looked into for my mom; for example, they do not give medication or help with toileting and bathing. They will allow a home health care aid (paid for through Medicaid) to come and do those activities. Might be much different where you live.

Could the increase in the "rent" be due to her moving to a higher level of care? My sister works at an assisted living facility and every resident has a GERD score (have not idea what that stands for, but it measures how much help they need). Once they reach a certain level, they have to move because the facility cannot provide that level of care.

Do you have any powers of attorney? When your mom signed that new "contract" do you think she understood what she was signing? You might take that issue to the facility administration.

Call your state's legal aid. Was she mentally competent to sign the contract? Did the facility force her to? Did she have the advice and guidance of an attorney before signing the contract? Again, call legal aid.

ACLF ? Not familiar with this acronym. And not knowing where your located
I'm guessing.

Is this an Assisted Living Facility of a Nursing Home part of a ALF?

Around my area medicaid indicates that you move from ALF to a nursing home.
TMK; are there any medicaid programs that cover ALFs?

Please explain what a Medicaid Diversion program is ?

I understand it, if a LO is in an emergency room, you don't have to take them back, it becomes the hospitals role to place the LO.

I hope someone will clarify?

I have recently heard that if your parent goes to a nursing home from private care, which I assume is assisted living, that Medicare will not pay for it, they have to go from a hospital.? Is your mom in assisted living?

Check with the county your mother lives in. Homes are certified by the county usually. Let them know what is happening, and ask what needs to happen to get help. I think she will need a level of care evaluation, which the county probably does, and assistance in locating appropriate level of care housing, which will be a nursing home (and or Adult Foster Care ACF). But do start with the county.

It sound like no indication of old lease terminating and if it not in writing in the new lease then she under two different leases. Question is which lease is she to pay? both. You don't change in the mist of a contract they are bound for the period indicated unless the lease said that at anytime the lease can be revoked. Otherwise she can break it as well as they can.Legal Aid or maybe even fair housing since she lives there or State crimes against seniors

Keep paying the amount for the old contract and before they can evict ya it would have to go to court anyway maybe a judge needs to look at what you'll have anyway. Sometimes places try to get over on the elderly and sick. But after you win she may be mistreated then you have to think if you want you mother there are not. Cruel world we live in.

First like drbless, if they are getting snotty, see if you can dig up $500 to give you time.
Question 1. Why isn't Medicaid helping?

This sounds a bit odd. First, I am somewhat surprised that they would take her on "assisted living".

Every state has a legal aid society, contact them. Also most states have an elder Ombudsman program of sorts, Contact them. Other option might look for another facility. It could be in the contract that they can charge for additional services, if they are needed if beyond the stated level of care. The care home may well be within their rights, but I want an answer on the Medicaid. Medicare would pay for a modest time fallowing a discharge from a medical facility, but is not a long term solution.
I wish you luck.

This issue begs the question... Where are the elderly placed if they must have help due to illness or dementia and have no family or real income?

Laura, the elderly indigent here in Buffalo NY end up in the county infirmary. For a hundred years it was a building next to a prison farm complex. Recently a new facility was built next to Erie County Medical Center (ECMC).

To my knowledge, Medicare does not pay for the cost of nursing homes or assisted living facilities. IF your loved one has been hospitalized and IF the doctor says he/she requires rehab, then they can go to a nursing home and Medicare will pay for 30 days of rehab. No more.

Most of what people want is covered under Long Term Care, which you pay for separately. As a caregiver, you might consider getting it for yourself, from a company that will be around for a long long time. Probably too late for the ones you are caring for. It doesn't make much sense, I think that is why we assume this coverage is a normal part of health insurance since it is a normal part of aging, but noooooooo......

Bea - I'm confused…..so mom is in a Adult Congregate Facility, correct?
And mom has qualified for Medicaid, correct? Now I'm assuming that the ACLF participates in your states Medicaid diversion program (so that their stay in a ACLF will be paid for by Medicaid). Is this the case?

Now I bet the problem is with how the ACLF does the diversion as the vast majority of the residents are all private pay and so the contracts sent out are all the same as they are private pay contracts. Most states do not even do a Medicaid diversion for paying any assisted living or congregate living, so the fact that your state does this is good. (Like for my mom in TX, it is much easier to get them into a NH and onto Medicaid, rather than have them be in AL and wait for the very, very limited slots on the diversion program.) The # of AL who even participate in diversion is teeny tiny too and they basically fill the diversion slots from within their established residents. I would suggest you get all of mom's Medicaid info - like her approval letter and the letter that details her co-pay (this is called the "SOC" share of cost in Medicaid-speak) and go to the business office. If the ACLF is still participating in diversion, then mom's payment responsibility is whatever is her "SOC". The SOC is all her total income each month less a smallish amount that is called her "personal needs / care allowance" and it runs somewhere between $ 35 - 90 a mo (your state sets the amount). Now I assume that mom has been regularly paying her SOC - this is mucho importante because if they don't the facility can terminate the contract for noncompliance. Is mom totally good on all her payments to the ACLF?

How does the ACLF get paid, you write them a check? or are they getting direct deposit of mom's income? - personally I would not ever do a direct deposit but instead write a check and then place a smallish sum (like $ 150) in the ACLF patient trust fund account so mom can draw from this for her beauty salon charges, or other small things she spends on. The facility cannot require that they get the monthly income checks directly either, so if they say that, they are incorrect. (The only time the facility can require direct deposit is if there is a Miller trust done and your state requires under Miller for them to get it)

Often a facility will do their own take on the SOC and look at a the overall monthly income without deducting the cost of Medicare payment taken from SS or any insurance or other fees automatically taken from a retirement or annuity. If they are used to all residents are private pay, the bookkeeper is not taking any of the Medicaid rules into account when they send out the contracts. So that each month, the NH "bill" is not getting paid. So look into those figures to make sure that is all correct.

Now if at some point it just seems that the facility is just not trying to work with you, it may be time to look for a NH for mom. Some facilities just find that participating in a diversion program just flat takes too much office time (like at my mom's NH they do NOT take any LTC insurance as the reporting requirements just need too much time to be worth the payment when they can easily fill the beds with private pay or Medicaid.) The one good thing about this is that a NH will take Medicaid and there is no contract that can vary or change. They get paid what the state has set as the state reimbursement rate; mom just pays her SOC & nothing extra. So think about if you need to come up with a list of NH that take Medicaid. You know if your first choice is full, and another NH will take her, you can move her to NH # 2 and then move her to your first choice once a bed opens up there. Moving them is a PIA but can be done and without any penalty under Medicaid rules. I did it with my mom and it was really not very disruptive in retrospect. Good luck and keep a sense of humor in all this!

Thank you all for your wonderful replies, comments and suggestions. For those who don't live in Florida, I am finding that the system is not user friendly in Florida at all!. Example: Medicaid SOC is based on income. Social Security is an assets ( income) . She would have been better off had she never worked. Legal aid is also based on income. She would have to reach her SOC before Doctor bills, Dentist, or ambulance service can get paid. Obviously that is not going to happen as her health & well being are maintained on an even level.
It is not realistic to move her to another ACLF at this age. The next and last move would be to a NH but her mind is too good for that right now. She could be a counselor. She is not eligible for the Diversion program because she isn't "needy" enough! The ACLF gets paid by private parties (me) and her social security. Forget about extra money. ADL are just a must, diapers, support stockings, hair, reading material, etc! Before moving there, she was promised they would help get her on the Diversion Program. That never materialized and she was already moved and settled into this ACLF. The family is taking up the slack but definitely need financial aid before that runs out also. I have just submitted a new care plan and am also seeking legal assistance. We'll see.