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When a facility asks a resident to leave

Often lawful, sometimes not, always stressful.

Quick answer

The most common reasons are needs that exceed the license, such as skilled nursing beyond 90 days, dementia requiring secured exits in a regular ALF, a PSMS score above 23 in a SCALF, behaviors that endanger others, or nonpayment.

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Why would an Alabama assisted living facility discharge a resident?

The most common reasons are needs that exceed the license, such as skilled nursing beyond 90 days, dementia requiring secured exits in a regular ALF, a PSMS score above 23 in a SCALF, behaviors that endanger others, or nonpayment.

Many of these are not facility choices: Alabama's rules forbid retaining residents in those situations, and ADPH cites facilities that do. Ask the administrator which rule or which change in condition is the reason.

What should we do when we receive a discharge notice?

Ask for the reason and the rule in writing, request a care-plan meeting, ask the physician to reassess, call the long-term care ombudsman, and start touring the next level of care immediately in case the move is unavoidable.

Area agency on agingCounties (of our seven)Main phoneToll-free / ADRC
United Way Area Agency on Aging of Jefferson County (UWAAA)Jefferson(205) 458-33301-800-AGE-LINE (1-800-243-5463)
Middle Alabama Area Agency on Aging (M4A)Shelby, St. Clair, Blount, Walker, Chilton205-670-57701-866-570-2998
West Alabama Regional Commission Area Agency on Aging (WARC)Bibb205-333-29901-800-432-5030

Can a facility refuse to take a resident back after the hospital?

Yes, if the resident's needs now exceed what the license allows: Alabama ALF and SCALF rules forbid readmitting someone from a higher level of care whose needs exceed what the facility is licensed or able to provide.

Keep the facility informed during the hospital stay and ask early whether a return is possible with home health support. If the answer is no, the hospital case manager should be working on alternatives before discharge.

Where do we report an unfair discharge?

Report concerns about an assisted living facility's practices to ADPH at 1-866-873-0366, involve the ombudsman for advocacy, and consult an elder law attorney if the dispute involves the admission agreement or money owed.

If you believe the discharge is retaliation for a complaint, document the timeline and tell both ADPH and the ombudsman.

How much notice must an Alabama assisted living facility give?

Alabama's ALF rules require a prearranged discharge plan and 30 days' written notice for involuntary room changes and fee increases; for discharges, the admission agreement sets the notice terms, and immediate safety situations can move faster.

Read the discharge section of the admission agreement and ask the ombudsman to review it with you. The facility remains responsible for making sure needed care is delivered until a safe transfer happens.

At a glance

Lawful discharge reasonsQuestionable discharge reasons
CareNeeds beyond the licenseA family complaint
SafetyBehavior endangering othersBeing 'difficult' without harm
MoneyNonpayment after noticeA disputed fee without explanation
ProcessWritten reason and planningA verbal 'by Friday'

Sources: Ala. Admin. Code chapters 420-5-4, 420-5-10 and 420-5-20; ADPH Bureau of Health Provider Standards; ADPH Health Care Facilities Directory and Deficiencies applications; Alabama DHR Adult Protective Services. See our editorial standards.

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