Rolfes and Appleton: Law protects boarding home residents

April 10, 2008

OLYMPIA – Rep. Christine Rolfes (D-Bainbridge Island) and Rep. Sherry Appleton (D-Poulsbo) want the residents of Liberty Shores Assisted Living, and their families, to rest easy. A state law signed just weeks ago will not allow the home to evict its Medicaid patients even though it is terminating its contract with the state.

“A lot of the residents and families are worried about where they or their loved ones will live,” Rolfes said. “The care center has given notice that they are terminating their Medicaid contracts – but that doesn’t mean they can simply evict their most vulnerable residents.”

The 2008 Legislature passed Senate Bill 6807 in response to an incident where a different provider discontinued their Medicaid contract and discharged long-time residents within weeks. Some of the residents had been long-term private pay clients who had eventually exhausted their savings and had shifted over to the Medicaid program. Most had expected to live out their lives in the boarding home.

Three entities that operate a total of 21 boarding homes in the state—including Liberty Shores in Poulsbo—have given notice to terminate their Medicaid contracts. In response to inquiries made by Rolfes and Appleton, DSHS and the Attorney General’s office have said they will be subject to the provisions of SB 6807.

"No older person should spend down all the money that they have saved for retirement, sometimes upward of $200,000 and then find themselves out on the street,” said Appleton. “The Legislature responded to protect people in just these circumstances".

If the contracts are terminated as requested, the facilities will be required to retain their current Medicaid residents. Additionally, they are required to keep those who have paid privately for at least two years and who convert to Medicaid within 180 days of the termination date. They will not be able to immediately discharge or transfer the residents from the facility.

“This incident underscores the need for the legislation we passed last month to keep families from spending their life savings and then losing their homes,” Rolfes said. “We will continue to address the high cost of long-term care and the need to adequately reimburse care providers for the work they do. But in the meantime, vulnerable people cannot be just tossed out.”