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I am having a really hard time finding an answer online, and I am an attorney so am good at research! My dad has AD and has been in a memory care facility in Florida since 2022. They accepted Medicaid, which in Florida, pays for the medical portion of his memory care (it pays like 1400 or the 3150 bill). We just received a certified letter 5 days ago that they stopped taking Medicaid due to new ownership/management, and as a result, he has 45 days to vacate the premises, or convert to private pay. Now, I know memory care facilities are free to accept Medicaid or not, but is there any grandfathering or anything like that for people who were paying via Medicaid prior to the change in ownership? Isn't there a federal law that they can't evict someone who is on Medicaid?

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I understand that you are an attorney but perhaps you aren’t a specialist in eldercare law. I would suggest that you find someone with experience and knowledge in this area. I don’t think it is legal and perhaps you will have to go to court over this.
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mrsviggy May 2023
I'm indeed not an elder care attorney - I am waiting to hear back from several attorneys, but the clock is ticking and I haven't yet spoken to one. I was hoping someone here had experience with this.
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My recommendation is that you put most of your efforts into searching for another suitable place for your dad. I bet this place is not the only memory care facility that
takes Medicaid.

The current place may or may not be in the wrong for evicting him. An attorney specializes in elder law can best answer your question.
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mrsviggy May 2023
Thanks. I actually think there is a federal law prohibiting this, so moving him probably isn't the best course if there is legal recourse here, especially when he was on multiple waitlists to get into a facility for over a year before he got into his current facility. He lives in Florida, which has a large aged population with ALZ. Most facilities actually don't take Medicaid or don't have Medicaid beds available (they cap it; it's not profitable accepting Medicaid).
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Of course they can evict him. Read the contract, all of this is, no doubt, covered under some vague terminology about fair housing or something about prompt payment.

As difficult as this is, you need to find dad another facility that accepts medicaid. Otherwise, the new facility will do an ER dump, an eviction or something just as low that leaves you scrambling to get him moved at the last minute.

Remember, no matter what, a private business has the right to discontinue services for non payment. That's what will happen to your dad and you don't want an eviction on his record, no matter the reason it makes it hard in the future to secure housing with a previous eviction.
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Here's a link with a helpline number: https://www.flmedicaidmanagedcare.com/

I should ask them. If they can't tell you they'll know who can.
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mrsviggy May 2023
thanks. I've called several elder law attorneys and the ombudsman in Florida. Waiting to hear back from all.
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That law applies to NH residents.

https://justiceinaging.org/assisted-living-homes-are-rejecting-medicaid-and-evicting-seniors/
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Does FL Medicaid actually pay for MC? I thought it only covered LTC. It varies by state. You can probably contact a FL Medicaid Planner and get an answer.
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Read the contract, its probably a 30 day lease. You can give 30 day notice, they can give u 30 day notice. I don't think there is a law governing MCs and ALs. They are privately owned. If they do not choose to take Medicaid any longer, they have that right. Medicaid can also drop a facility for not meeting requirements. You have been given an option find another facility that excepts Medicaid or pay the difference.

I would say, that if u don't move Dad, that the facility can then evict. You need to look at this as Dad lives in an apartment where he gets help with his ADLs. Its not a nursing facility. He is a tenant. If he needed skilled Nursing, he would not be in a MC.

I agree, use this time to find Dad another place that excepts Medicaid.
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Just wondering if OP found any law that says Dad can't be evicted.
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