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My aunt became a resident in an assisted living in NYS at the end of August. Within two weeks she broke her hip and has not been back since. When we signed the paperwork to admit her, we were told - we didn't know to ask - that should she be hospitalized for a period of time we would not be responsible for the "level of care" while she was elsewhere. Within two weeks she broke her hip and she has been in rehab since.
We had paid for August & September when she became a resident. In October they billed me the entire amount and I called and said that was not what we agreed. There is nothing in the agreement that states we are responsible for the entire amount.
On Oct 30 we informed them she would not be returning since she will need to be in a wheelchair & they discourage wheelchairs. We were told we'd be responsible for November and 6 days in December. I again stated that I never agreed to pay for the Level of Care while she was out of the building. When picking up her belongings we discussed it with the woman who admitted my aunt. She said there would be an updated invoice.
I just received another phone call saying I am liable for the entire amount. I again stated that it isn't what we were told & isn't in the contract. I asked for a copy of the policy. She said she'd send me a new invoice.
The AL has changed hands & now they are saying that isn't their policy & the woman I dealt with is no longer there. I stated that I never received information that it was a different owner or that the paperwork I signed is no longer valid.
We willingly (?) paid $6000 a month for an empty room, but I refuse to pay $2800 a month for no care.
I have spoken to her current rehab, her new AL, other AL and Social Work in the hospital & Rehab. They all claim it is not typical to pay for level of care when the resident is not there.
I will speak to my lawyer but I was wondering if there is a department or ombudsman who would be able to help.
Thanks

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Lawyer up. Only do what your contract says - regardless of change in policy (especially if you did not sign any new agreements).
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Reply to Taarna
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So sorry you have to deal with this. Not sure where you are located so I'm responding with NJ information. Unless it says differently in your signed contract, you do not pay for level of care unless your Aunt is there to receive the care. Also, when the facility is sold, the contract you signed (usually for a year) is good even under the new owner until it's signed expiration date.
I would deal directly with the Administrator and bypass the rest of the administrative staff. Let the Administrator know that if you continue to be billed for services not rendered, you will discuss the situation with the state department of health's Ombudsman. That should end it but remember to get get an invoice from them that states finalized zero balance.
Good luck and don't back down.
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Reply to geddyupgo
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My understanding at my Dad’s AL is that if he is in the hospital he only pays the room charge - not for level of care or meds. I think that is pretty standard. Their contract should have spelled that out. Please try to get a copy of what was signed and read it carefully. They have a duty to provide the resident of the resident’s POA with a copy.
I, personally, would tell them to go to $&@@! Consulting a lawyer is smart. You might be able to get the lawyer to write a strongly worded letter to tell them to buzz off and warning them to do nothing that would harm you or your loved one’s credit. Most lawyers will do a letter for a very reasonable price. Good luck!
PS - I have found it effective when dealing with consumer disputes to make a video of the thing or issue and email it to the company for their understanding of your complaint about their actions. Not a threat - just a factual account of what you are trying to convey to them. Mention the company name frequently. These companies know that it is simple to post video on social media. Again, no threats of any kind, no slander- just a factual video representation of what has happened from your point of view. You don’t have to actually post it.
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Reply to jemfleming
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moms1daughter: Prayers sent.
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Reply to Llamalover47
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It sounds like you have your hands full just dealing with your aunt. If it were me, I would hire an attorney and let them manage it.
If you choose to manage it yourself, you will need to request a copy of the document you signed, in writing, documented sent via signature delivery, to the facility. Keep immaculate notes with dates and times, and records of all interactions with them. Once you receive the document, you will need to abide by what it says reguarding these matters. In my state, you must give notice of moving out, and you must also pay for the entire last month. For example, you give notice on November 3, you must pay through November 30. Since I don't know your state laws, and haven't seen your contract, I cannot stress enough how important it is that you give formal written notice of her moving out via certified mail (if you have not done so already), vacate her belongings from the facility (if you have not done so already), and consult with an attorney on the financial aspects of all this. I am sorry you and your aunt are having to deal with this. Having a fractured hip is bad enough, this on top of it must be terribly stressful for her.
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Reply to ClaraKate
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You need to read the contract that was signed when Mom was admitted. My Moms read that after two weeks in a hospital or rehab that the care amount would not be billed and it wasn't.

Not sure what an Ombudsman could do. This is a contract thing.
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Reply to JoAnn29
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My mom’s AL charges for the rent in advance and the level of care for the previous month, so the invoice on August 1 would be for August rent plus July’s level of care and incidentals. What do her invoices list? Seems very fishy.
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Reply to ShirleyDot
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moms1daughter Jan 3, 2025
That is surprising. I get billed for my aunt's, let's say January, rent & level of care in December.
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When my father was in AL their policy was to not charge for 'additional services' if he was out of the AL for at least 2 weeks (fall with rehab visits). This happened often and I would have to call the office and let them know and they would eventually credit his account.
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Reply to lkdrymom
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moms1daughter Jan 2, 2025
Thank you! I'm beginning to think I dreamt all the professionals who said it wasn't standard. I know we were told this because my husband and I both remember it. I'm not sure I'd have thought to question having to pay the "additional services" if the director hadn't brought it up. It made sense when she did.

Glad it worked out for you...I will persist!
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I am sorry this happened to her.
It is normal to get a contract that is signed by responsible parties upon entry to a care facility. Did this happen for your Aunt and/or POA?
This was the case when my brother entered his ALF.

I would not pay this amount, or let us say ANY MORE than you already have.
They are very unlikely to attempt to take Aunt to court for this, or to get a judgement against aunt. Especially if you have documentation records as to costs.
They also cannot collect judgement against Aunt as far as any governmental Social Security (judgement proof) and retirement accounts. Aunt no longer NEEDS credit, so if they wish to attempt to ruin hers, little is lost.

As you have already paid certain amounts (I am assuming taken automatically from Aunt's accounts) you can only control what happens going forward. The 30 days notice would be normal. BUT if this automatic payment is still going on then I would stop that at the bank (via POA, whomever that is). I would demand an appointment with admin and bookkeeping (likely now outsourced to some company).

I would also make clear Aunt entered with clear understanding of protocol, and no one was notified of any changes (if this is true). They should NOT be charging for level of care.

IF they do so I would make it clear to them that you will give them publicity that will be very bad for their institution, and then DO SO. That isn't difficult to do. I think you must speak DIRECTLY with administration about this and can only wish you good luck.
As you can imagine, we are all dealing with billing, outsourcing and other nonsense out here ourselves, and are lacking in a magic wand with this particular place. Often these places have Facebook sites.

I am so sorry, but do tell them you are on a VERY POPULAR Elder Care Forum and will think nothing of giving them a whole world of publicity woe.
I have often commented on this Forum how STELLAR my brother's Assisted Living in Palm Springs was (Pacifica Senior Living). How kind and competent and how very willing to discuss and fix ANYTHING that went awry. How upfront and honest about costs. How meticulous in paperwork.

Make certain that they KNOW you will let others know about their management style.
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Reply to AlvaDeer
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moms1daughter Jan 2, 2025
"I would not pay this amount, or let us say ANY MORE than you already have." exactly!! It isn't as though I have spent a bunch of money for an empty room.

There is nothing in the contract. She told me they changed ownership. Did you send me a new contract? Did you tell me there was a change? She told me that she'd send me an invoice.

I'd almost want them to take me to small claims court and explain how $6200 a month didn't pay for doing absolutely nothing. They did credit my account $300 for the 6 days in December. That means it is $50 a day! Clearly it isn't

Thank you so much. I do intend to tell them that I would never recommend them, just because of this.

We had a wonderful experience with John Knox in Florida when my Mom was there as a dementia patient for rehab.

Thank you so much.
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