My long-term care facility wants to evict me

It depends. They can only evict you for certain reasons and they must give you a legal notice. Your notice might say you’re being “evicted,” “discharged,” or “transferred.” Your facility also has other responsibilities before evicting you that we describe below.

We say “evict” here to mean any situation where you’re being told to leave your long-term care facility for good. 

Your facility can only evict you for certain reasons, including: 

• They can no longer give you the kind of care you need.
• Your health improved and you no longer need their services.
• You’ve created a health or safety risk to yourself or other residents.
• You haven’t paid for your stay.
• They’re closing. 

Your facility must back up their reasons for evicting you with proof. For example, if they say you haven’t paid, they must show you an account statement or record of nonpayment. If they say your health has gotten worse, they must show you notes or assessments from your medical providers saying you need care that your facility can't give you.

They must do these things first:

• Reasonable accommodation: They must try to avoid evicting you by trying to accommodate your needs so you can stay. This is called “reasonable accommodation.” They're only required to make reasonable steps to accommodate you. They should write down in your file the ways they tried to accommodate you.
• Discharge planning: They must make sure your departure from the facility is safe and orderly. This includes finding a place for you to go after they evict you, making sure there’s room for you there, and making sure the new place can provide the care you need. They should write all of this down in the discharge plan in your file.
• Notice: They must give you and your immediate family member or legal representative a written notice of eviction 30 days before they intend to evict you, unless an emergency requires a shorter time. It must be in a language you and your representatives can understand. 

The notice must say all of these:

1. Why they’re evicting you. (It must be one or more of the reasons above.)
2. When they will evict you.
3. Where you’ll go to live after they evict you, including contact info for the new location and a statement that the new place has agreed to accept you.
4. The address and phone number for the Long Term Care Ombudsman; for residents with developmental disabilities, the address and phone number of Disability Rights Washington; and for residents with mental health issues, the address and phone number for NAMI.
5. Residents who are eligible for Medicaid should call the Legal Counsel for Long-Term Care program at (888) 437-0017 because they have the right to a free lawyer. 

If the notice doesn’t say all these things, it’s not a proper eviction notice.

You should do 3 things: 

1. Stay put if you want to stay there. 
2. Find an Advocate: Contact the Long-Term Care Ombudsman Program online or by calling 1-800-562-6028. They advocate for the rights of people who live in long-term care facilities.
3. Ask for a hearing to appeal your eviction with the Office of Administrative Hearings online or by calling (360) 407-2700. Call the Legal Counsel for Long-Term Care program: (888) 437-0017. 

Yes. Your facility can’t discharge you until they follow the rules. Discharging you without written notice is against the rules.

If all these are true: 

• You live (or recently lived) in an adult family home, assisted living facility, or enhanced services facility in Washington State, and
• You're told to move from that facility, and
• You have, are applying for, or recently had Apple Health (Medicaid),

you might be eligible for a lawyer to help you with this problem. Call the Legal Counsel for Long-Term Care program: (888) 437-0017. Depending on funding, a free lawyer may advise you, try to negotiate with the facility, help with your appeal, or represent you in the hearing or court proceeding. 

If 30 days have passed since the facility gave you the discharge notice, they can start an eviction court case (called an unlawful detainer action) to evict you. 

If you haven't already done so, you should contact the Legal Counsel for Long-Term Care program: (888) 437-0017.