Category Archives: Resident Rights

Getting in the Crosshairs of the Fair Housing Act

The dining room has been the cornerstone of family life in America for generations. It was Ronald Reagan who once noted, “All great change in America begins at the dinner table.”  Many continuing care retirement communities (CCRC) are finding that the balance between maintaining the quintessential dining room experience for their residents and following the Fair Housing Act (FHA) obligations imposed on assisted and independent living facilities to be a daunting task.  In this article, I review the importance of FHA compliance in dining room policies at CCRC facilities. Common area dining rooms are often the most popular gathering locations …

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Tactics Skilled Nursing Facilities Can Use to Prevail in Discharge Appeal Hearings Before the New York Department of Health

Federal Law and the laws of most states, including New York, provide that facilities are permitted to discharge residents in the following circumstances: when the discharge is necessary for the resident’s welfare; the discharge is appropriate because the resident’s health improved such that facility services are not required; the health and safety of other individuals is threatened if the resident remains at the facility; the resident has failed to pay for the stay at the facility; and the facility discontinues its operation.  This article focuses on the discharge procedure for residents no longer requiring services of the facility due to …

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