[WSBAPT] Adult family home fee increase

[Jeff Crollard]

Lovie,

I've dealt with adult family home issues extensively for decades.  I was the long-term care ombudsman's attorney for 25 years.  I'm out tomorrow, but could talk Friday.  Meanwhile, here's an excerpt from some training materials I wrote several years ago.

In general, long-term care facilities must give 30 days' prior written notice before "changes in the availability or the charges for services, items, or activities, or of changes in the facility's rules."  RCW 70.129.030(4).  In other words, 30 days' notice is required for a fee increase. There are two exceptions to the 30 days' notice requirement:  (1) In an emergency (which isn't defined), 30 days' notice is not required, and (2) For adult family homes, "if there is a substantial and continuing change in the resident's condition necessitating substantially greater services," then 14 days' notice is sufficient.  RCW 70.129.030(4).  The adult family home's admission agreement must be consistent with RCW 70.12 and other applicable laws.  WAC 388-76010540(10).

Jeff

Jeff B. Crollard

Crollard Law Office, PLLC
Northgate Executive Center II
9725  3rd Ave NE, Suite 600
Seattle, WA 98115-2061
Phone:  206-623-3333
Fax:  206-623-3838
jbc at crollardlaw.com<mailto:jbc at crollardlaw.com>

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Lovie Bernardi
Sent: Wednesday, January 2, 2019 12:31 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Adult family home fee increase

Listmates,

I would like to speak to someone who has experience dealing with adult family homes on behalf of clients and their families. My client's mom is in an adult family home. The client (who has power of attorney for mom) thought they had agreed to an indefinite monthly flat fee and now the home wants to increase the monthly fee substantially. I would like to know if this is a common practice. It appears the client may have been misled with verbal assurances. Thanks in advance and Happy New Year to all!

Lovie L. Bernardi
Flaherty & Bernardi, PLLC
3600 15th Avenue West #205
Seattle, WA  98119
(206) 682-2616

lovie at fb-lawfirm.com<mailto:joni at sbfirm.com>
http://fb-lawfirm.com<http://sbfirm.com/>

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