Moving from Assisted Living to Nursing Home.


Mom has been in an Assisted Living Facility (ALF) that specializes in Alzheimer and Dementia residents for 3 years in Florida. She now needs more care and we have, because of a broken hip, moved her to a nursing home that also speicializes in Alzheimer & Dementia.
Will we need to give 30 days written notice to the ALF since her level of care needs have outgrown what the ALF can provide? Mom needs 2 people to get her up, dressed, showered, etc, more than the ALF can provide. We can get a doctor's note if need be.
This happened on the 3rd of September and we paid for the month of September even though mom hasn't been back to the ALF since they sent her to the hospital.

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Annie - you need to review the admissions agreement with the ALF to see what if any exceptions are allowed. Personally I doubt there is any way around the 30 day notice except for moving them from AL to NH within the same property.

I moved my mom from IL to NH (bypassed the AL stage) and scheduled the move so that it was a few days after the 30 day notice and zero'd out the very small deposit she paid on her IL years prior. NH usually bill by day rate (as mom went into NH "Medicaid Pending") so NH was ok with whichever day was move in day. The NH held the bed for her too.

Did you have to put up a deposit? If so, see where that amount takes you to and perhaps move her to the NH to coincide so that she is a zero deposit balance.

Also you probably need to let them know in writing of the move. I'd fax the letter over, as with a fax you get a delivery confirmation with date & time stamp. If mom signed the agreement, the AL is kinda SOL in ever getting paid any difference. If you signed the agreement, expect to get bills and collection agencies contacting you to pay the difference. Keep this in the front of your mind, when mom does any paperwork at the NH - she needs to sign or if she cannot manage, then you always sign any forms as "Jane Smith Jones in her limited capacity as DPOA for Mary Smith".

Also if mom should need to go onto Medicaid and you need to move her to another NH, Medicaid allows for moving NH without any restrictions as Medicaid pays by day rate. (I moved my mom from NH #1 to NH #2 within 10 months). The only concern would be to get ALL of her medications at the old NH as most meds come in 30 - 90 day blister packs and neither Medicaid, Medicare or most insurance will pay for an additional refill. Depending on her drugs, this could be frightfully expensive. Good luck on the move.

Are there legal exceptions to the 30 day notice requirement? My mother has deteriorated rapidly over the last 18 months. We must move her to skilled nursing care immediately, as she needs more care that she is getting at the assisted living. Her physician concurs and will write a letter to that effect. There is a room open right now in the nursing home, and we must pay deposit at once to keep it. The assisted care facility is requiring 30 days notice, so mom will would end up paying for two homes at once for that month, an additional $7000 expense. Anyone with experience with this problem?

What does her contract say? You should contact state of Florida ombudsman program to see if under emergency situations and FL law you are required to pay and if her situation meets criteria.

althought this info from their site refers to rights of resident to get notice, perhaps it also works the other way.
Every adult family care home resident shall have the right to at least 30 days' notice of relocation or termination of residency from the home unless, for medical reasons, the resident is certified by a physician to require an emergency relocation to a facility providing a more skilled level of care or the resident engages in a pattern of conduct that is harmful or offensive to other residents. If a resident has been adjudicated mentally incompetent, the resident's guardian must be given at least 30 days' notice, except in an emergency, of the relocation of a resident or the termination of a residency. The reasons for relocating a resident must be set forth in writing.

look at Section 429.28 and 429.85, Florida Statutes:


I am sorry to hear that your mom has Alz and Dementia. From what I read you seem to be an awesome caregiver. Visit our Nursing Home Special Section to read more on what to expect when transitioning you mom from Assisted Living to Nursing Home.

Good Luck :)

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