State arrived to inspect my Mom's AL facility due to a complaint by a caregiver that quit. The owner/operator was found not to be in compliance unless she hired an additional caregiver. She refused to do so since it would lower her profit. We were told that my Mom needed to move immediately. Moved her out in 28 hours! What a nightmare! Should we be reimbursed for the unused days since we had no choice but to leave?
Yes, under the circumstances she should be paid for unpaid days. I would also wonder if this was legal.
if you do, then I would demand a refund.
my reasoning is this...if a landlord lost their occupancy permit, then The tenants not only move out, but get their rent money refunded. I see a direct correlation and I think a judge will too.
this was an involuntary move demanded by the State as the result of the direct and deliberate decision on that part of the home to NOT comply. Get your proof together and go to court if you need to.
Your mom isn’t the only one affected by the closure.
Do you know some of the other families at the place?
Do you know the caregiver that was the whistleblower? This person is central in all this, bet they have all sorts of info.....
I’d bet you could join a conjoined (kind like a class action) type of lawsuit against the owner of the AL and any assets they have. Not just the residents and family but staff as well, so the suit is bundled. An attorney will take this one on as there will imho likely $$ to be made. Now the sticky will be that it will take time to run thru the legal system.
And you kinda need to think abt the consequences of mom making $ from this unless it’s a larger amount that could pay for years of facility care when added into whatever income she now gets (like her SS$). Remember if it’s her that gets the $, it will be her asset. For Medicaid that’s in most states limited to 2k in assets. So over that she’ll have to spend down to become LTC Medicaid eligible.
Make the State open the owner's books! She MUST account for every penny spent especially now that the State has entered the picture.
The AL WILL BE SHUT DOWN if she doesn't do what is required!
What did the caregiver complain to the State about? There could be Elder physical abuse going on, taking certain medications for themselves or to sell; not unusual.