Eviction and Involuntary Discharge in Independent Living, Assisted Living, and Skilled Nursing Facilities: Procedures, Policies, and Best Practices

Transcription

1 Eviction and Involuntary Discharge in Independent Living, Assisted Living, and Skilled Nursing Facilities: Procedures, Policies, and Best Practices Abraham K. Lorber February 18, PC 0

2 Why is this Important? Increasing long term care population with changing care needs Not all families and residents will cooperate or agree with a community s decision to discharge Communities must be able to discharge residents in an expedient and cost effective manner that minimizes their liability 1

3 Objectives of Session Understand the involuntary discharge process and timeline Learn proactive strategies to expedite involuntary discharge process Recognize common traps and pitfalls 2

4 Agenda Overview of Landlord/Tenant Law Overview of Involuntary Discharge Statute Combining the Unlawful Detainer Statute and Involuntary Discharge Statute Note on SNF Discharges Traps for the Unwary 3

5 Landlord/Tenant Law Bases for Unlawful Detainer Timeline for Unlawful Detainer Proper Service of Notices 4

6 Bases for Unlawful Detainer RCW Holdover Month-to-Month Nonpayment of Rent Violation of Lease Rules Waste or Nuisance Trespass Gang-related Activity No notice 20-day notice to vacate before end of term 3-day notice to pay or vacate 10-day notice to comply or vacate 3-day notice to vacate 3-day notice to vacate No notice 5

7 6

8 Timeline for Unlawful Detainer Default Notice Lawsuit Show Cause Writ Lock Out Day Days represent best case scenario; can be extended due to holidays, weekends, etc 7

9 Proper Service of Notices Hand Delivery Posting and Mailing Person of Suitable Age and Discretion 8

10 9

11 Involuntary Discharge Statute Bases for Discharge Timeline for Discharge Other Considerations 10

12 Bases for Involuntary Discharge RCW (1) Resident s Health and Safety Safety of Others in Facility Health of Others in Facility 30-day notice or 3-day notice 30-day notice or 3-day notice 30-day notice or 3-day notice Nonpayment 30-day notice Cessation of Operations 30-day notice before end of term 11

13 30-Day vs. 3-Day Notice RCW (4) Safety of Others in Facility Health of Others in Facility Immediate Medical Needs Has Not Resided in Facility for 30 Days 12

14 Additional Notice Requirements Reasonable Accommodation Notice to Family Members Date and Location of Discharge Reasons for Discharge Contact Information for Ombudsman Services for Persons with Mental Illness or Developmental Disabilities 13

15 Combining the Unlawful Detainer Statute and Involuntary Discharge Statute Resident s Health and Safety Safety of Others in Facility Health of Others in Facility Month-to-Month OR Waste and Nuisance Month-to-Month OR Waste and Nuisance Month-to-Month OR Waste and Nuisance 30-day notice or 3-day noticessss 30-day notice or 3-day noticessss 30-day notice or 3-day noticessss Nonpayment Nonpayment 30-day noticessssssssssssssssssss Cessation of Operations Month-to-Month 30-day notice before end of term 14

16 Where to Discharge the Resident? Destination Facility Bed available Meets care needs Geographic proximity Safe and Orderly Discharge 15

17 Note on SNF Discharges Special form: files/fsa/forms/pdf/ pdf Administrative Process 16

18 SNF NOID Form 17

19 Traps for the Unwary Contract Patient Gradual Competency Deterioration Provisions Intake & Charting 18

20 In Summary Increasing long term care population with changing care needs Not all families and residents will cooperate or agree with a community s decision to discharge Communities can utilize the Unlawful Detainer process to discharge residents in an expedient and cost effective manner that minimizes their liability 19

21 Questions Thank You! 20

22 Abraham K. Lorber Shareholder Seattle Area of Practice Abe s practice includes all aspects of commercial litigation with a special focus on real estate litigation, including landlord/tenant, mortgages, easements, boundary disputes, restrictive covenants and long term care residency issues. He focuses his practice on defending financial institutions in lawsuits brought by borrowers in default and in prosecuting involuntary discharge action on behalf of long term care communities. Abe has experience in all phases of litigation, including mediations, arbitrations and trials. In addition, he has a Yellow Belt certification in Legal Lean Sigma and Project Management. 21