Assisted Living Contract Terminations and Resident Transfers: Key Provisions, Enforcement, Litigation

Assisted living providers often face the dilemma of moving or relocating a resident from its facilities for varying reasons. The mishandling of these circumstances can result in costly litigation; counsel must carefully consider key provisions within assisted living agreements, procedures in determining the appropriate levels of care needed and duties to address them, the potential for disability discrimination, and other factors giving rise to claims.

A signed agreement with the resident defines the care provided by assisted living facilities. The terms and conditions of these agreements, plus applicable regulations, are the foundation of any claims that may arise concerning the care and treatment provided by facility staff. Collateral materials and verbal statements may also affect contract interpretation. Sufficient grounds after a proper determination of the required level of care must underly any transfer or discharge of a resident. Missteps during this process often lead to breach of contract, negligence and other claims, including those involving resident disruptive behavior or disability discrimination.

Listen as our panel discusses critical considerations in drafting or modifying assisted living agreements, potential risk, causes of action, avoiding compliance issues, managing obstacles in determining the level of care, and claims stemming from the transfer of a resident or termination of assisted living agreements.

1. Recent federal and state regulatory developments
2. Key provisions in assisted living agreements
3. Transfer and discharge rights of assisted living facilities
   1. Facility versus resident-initiated transfers or discharge
   2. Grounds for discharge or transfer
   3. Discrimination
4. Challenges in enforcing transfer and discharge provisions
5. Managing litigation and best practices for counsel

The panel will review these and other key issues:

• Critical considerations in limiting risks in assisted living agreements
• Recognizing potential causes of action and implementing procedures to minimize claims
• Determining the level of care and handling future changes in resident needs
• Avoiding the legal issues in handling resident disruptive behavior and pursuing transfers or discharge
• Disability discrimination claims and how to avoid them
• Transfers or discharges that lead to litigation and best practices for counsel and managers