Follow
Share

I have had dad in the ALF for 5 months now. Its a really nice building but I immediately found a sadness from most residents and almost defensiveness from the staff... starting at the top with the Chief of Patient Relations or some special title. I tried my normal approach, which is to meet and greet and be pleasant yet persistent. And after that didn't work, and my expectation were continually ignored (front door left unlocked all night, dads nurse button going unanswered, etc) I had a sit-down with the ED. She did get the front doors locked, but the rest hasn't changed because she has one major clog -- and her attitude rolls downhill and always will. I have instances but no matter.

Last week his back flared up to almost an unbearable level of pain. He couldn't hardly get out of bed. So they noted his chart as "uncooperative" and when I called in I got a lecture.

Since my Aid and Attendance is approved and June is promised to be the first check, I have researched and found a place that proves to be a better fit:

MY QUESTION: their handbook (which for some reason I cant get until AFTER I moved him in?) says that he can leave with a 30 day notice. I want to move him as soon as I get the A&A check in but I don't feel, because of their breach of contract, that I should be paying the entire month.

Does anyone have any advice as to how I should handle this with them? They have a ridiculous $150 late fee if the entire month is not prepaid for the 5th of the month, which means I have till next Thurs to figure it out.

thanks. what a journey his has been....
Linda

This question has been closed for answers. Ask a New Question.
Have you documented all of the breach of contract issues? Does the handbook, or anything else governing his stay, address default issues, including those of the facility?

Based on what you're saying, there are defaults as well as possible neglicence on their part, which you could use as justification for removal w/o 30 days' notice. However, you could end up in a legal battle so I would be prepared for that.

I removed my father from a bad SNF and gave verbal notice but had adequate documentation which I planned to use, but Medicare was paying for his stay so private pay wasn't an issue.

I see two approaches:

1. Get an attorney involved, ASAP. But this will get their backs up and treatment of your father may deteriorate in the meantime.

2. Just get him out of there, send a certified letter documenting all their abuses, and hint at action. Typical wording we used in law firms was that on behalf of our client we would "take any and all action necessary to protect" our client's interests. Dont's say "legal action" and limit yourself.

They may come after you for the month's rent and late fee, but you also have the option of filing complaints.

Hopefully others will have better suggestions. This is a tough situation.
Helpful Answer (1)
Report

I like option 2, but right now he has fallen (3 - 4 days ago) and although xray says no bones are broken he's in so much pain, he cannot even get out of bed. I have called the ALF and all mgrs. have meeting every morning and none can be reached. Phone messages are then not answered for a couple of days. I think I might just go over and take him to the hospital.
Helpful Answer (0)
Report

Like GardenArtist said, it's a tough situation. Not giving 30 days notice based upon your prior concerns may be construed at 1.) sour grapes and/or 2.) an excuse to vacate early and breach contract.

And I may be being a Negative Nelly but the AL holds all the cards and can make life very difficult for you if you leave without 30 days notice. You can try to fight them and I'm sure your concerns are valid but unlocked doors, unanswered call lights, and back pain don't equal the breach of contract you will be in if your dad moves sooner and the AL has all the power here. I'd be worried that the AL would think your complaints were a smokescreen just to get out of the contract early.

I know it must be frustrating but if it were me I'd wait for the 30 days. The AL can do a lot more harm to you than you can do them.
Helpful Answer (1)
Report

Taking dad to the hospital and not going back there is not a bad idea, and if they find a serious medical condition you have ammunition. Giving them notice the moment you know he is safe and would not need to go back could be helpful, and with these people their attitude is beyond trusting them to take decent care once they have notice. If you keep him there after giving notice you'd have to watch like a hawk. You would think that they would not want you back if you called adult protective services or a lawyer and wuold give YOU the notice. There was no reason you should have not had a handbook and known about the 30 days before signing papers to get him admittied there - if you did not know about it, if it was not in the fine print on the contact, you technically did NOT agree to it. But if the contract is legally air tight you could well be stuck paying that 30 days if your evidence of their failing to provide care under its terms is less than excellent, so Eyerishlass has a point too.

I remember how mad I was when a nurse did not recognize my mom's retropulsion due to parkinsonism for what it was and labeled it resistance or uncooperation. How inhumane and judgemental that was!! I hope you can get decent legal help and nail these people for being the uncaring, victim-blaming, profteering jerks that they obviously are. Other resources besides APS would be the state long term care office or ombudsman.
Helpful Answer (1)
Report

vsefans, it was also in the state statute (that they were required to give me per a quoted statute) that the patient is required to be safe and free from abuse or neglect. I could make a documented case that that was not happening.

but it would take a lot of emotional turmoil to do that; maybe not somewhere i want/need to go. maybe i just give them their 30 day notice with next months rent that's due by june 5 and take him out as soon as i can make arrangements he's not in jail, im assuming. as long as the rent is prepaid throughout 30 day period, i assume i don't have to keep him there.... then again, financially it would make sense, but i just might have to spend all my days and nights protecting him. since i earn about as much as it costs him to live there, either i spend the month with him and not get paid or i work and move him and eat the costs. kind of a rock n hard place. i never did give in very easily. a trait my father taught me....
:)
Helpful Answer (0)
Report

Linda, the other place will have to evaluate him before the move and they will have to have a room available. It may not happen as fast as you want. So pay the June rent. In his present condition I doubt if they will take him. If he is bedridden he needs a full nursing home.
Helpful Answer (1)
Report

send em a singing telegram.
bom bom bomp bom , every - one knows , this s*ithole blows
me and the old man , have formed a plan,
a dam we have not an ounce , youre checks will bounce ..

meh , something along those lines , use your imagination ..
Helpful Answer (1)
Report

I understand your grievance - and the longer term frustration - but how much money are we talking about if you pay pro rata fees up until the day he leaves, plus the surcharge for less than 30 days' notice? It has to be a lot to be worth the aggravation. Wouldn't it be simpler to give notice and whisk him out once it's up?

But, like with jobs, and as Pam S says, make sure of the next place before you take him out of this one. Meanwhile, draft a report on your concerns in any case, because even if you don't need to use it as part of a claim or a formal complaint you should still send it to the manager of the ALF cc'd to whichever regulatory body supervises care standards in your neck of the woods.

Where was he x-rayed, and how long after his fall? As I'm sure you know it can take a few days for problems to show up on x-ray. In your place I would go over there, and try to gauge how much is worrying pain and how much is ordinary soreness after a bump, and do any necessary stamping and shouting to get their a**es moving if necessary, but I wouldn't take him to the hospital on my own. You can't stay with him indefinitely if he does need treatment, maybe ongoing treatment, so it's important that one of the ALF's staff is with you to take notes and provide explanations of what happened when he fell.

I don't blame you for being fed up with them, I must say. Unco-operative. Tchah.
Helpful Answer (0)
Report

thanks guys. pams, the nicest place in town took a hold for a room and told me id have to bring him before the end of june... I am going to see another place suggested by his social worker who is at vet primary home care who knows I am moving him. they have suggested that the af im leaving is "not their most co-operative" and he comes with his own health care.
Helpful Answer (1)
Report

This question has been closed for answers. Ask a New Question.
Ask a Question
Subscribe to
Our Newsletter