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Pollkat Asked February 26, 2024

Can a facility legally charge level of care fees when a resident is in the hospital?

We got an updated Agreement to sign stating if my FIL goes to a hospital (or anywhere) for an extended period of time, we not only pay to 'hold' his room, but we must also pay for his Level of Care fees, which in his case is over $800. I can't see this being legal since the resident won't even be in the assisted living facility to receive personal care.

97yroldmom Feb 27, 2024
You ask is it legal. Legal is whatever the contract states that FIL or his POA agrees to. If the new contract is signed then I suspect it would be legal.
When my DH aunt was in an ALF, they explained the rates could change with no advance notice and did.
I suppose they could make the case that they are staffed according to the residents needs and they have to pay the staff whether he is there or not?

JoAnn29 Feb 27, 2024
My Moms agreement was if in hospital or Rehab, she needed to pay for her room and board. She had to be invthe hospital/rehab for over 14vdays, then the care would be dropped till she returned to the AL. This was exactly how they billed her when she was in.

Its unfair to think her room will be unpaid for a length of time. Its just like ifvshe hadvan apt. She would still need to pay the rent. Her care, they aren't doing it, so why get paid.

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AlvaDeer Feb 26, 2024
I don't consider this fair, either.
I understand the rental having to be paid, but meals and cleaning and meds and everything else is not being done. So I don't understand that.
I would discuss with facility Admins.
cover9339 Feb 27, 2024
Cover the costs of residents who aren't paying but have the 30 day discharge notice.

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