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Assisted Living Providers Must Pay Attention to Medicaid Beneficiary Protections in HCBS Regulations, Groups Warn

McKnight’s Senior Living
| Published October 13, 2023

Assisted living providers might be breaking state and federal laws in refusing to accept Medicaid or in attempting to evict residents without giving them an opportunity to appeal, according to two elder advocacy organizations.

In the wake of the federal home- and community-based final rule that became effective in March, Justice in Aging and the National Academy of Elder Law Attorneys created a new resource — Federal Medicaid Law and Assisted Living Advocacy: What to do when a facility refuses to accept Medicaid, or attempts to evict without offering appeal rights — that offers legal analysis and advocacy strategies to consumers and others.

“If a resident has spent down to Medicaid levels while in the facility, it’s a bit heartless to refuse the resident’s Medicaid at that point, after accepting probably tens of thousands of dollars at a private-pay rate,” Carlson said. “The refusing-to-accept Medicaid issue has been a problem for years. Often, the fault lies with both the state and the facility, since neither the state licensing agency nor the facility may pay much attention to Medicaid beneficiary protections.”

Featured Staff

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