Advocates seek law for appeals of adult care home evictions

Advocates for older Kansans in assisted living facilities are pushing for legislation that would allow them to appeal to the state if a facility evicts them.

The House Children and Seniors Committee plans to have a hearing Thursday on the measure, The Topeka Capital-Journal reports. It would allow older Kansans who’ve been involuntarily discharged from an adult residential care facility to appeal to the Kansas Department for Aging and Disability Services.

Rachel Imthurn of Maple Hill has been pushing for such a law since her husband was evicted from an assisted living facility in 2011 and died nine days later. State Long Term Care Ombudsman Barbara Hickert said her office investigated 79 eviction cases and received more than 200 calls from consumers.

Facilities can evict residents for specific reasons, such as posing a danger to others, having needs that longer can be met by the facility, or being unable to pay for care. A physician must sign off, and 30 days’ notice is required.

But Haely Ordoyne, executive committee chair for the Kansas Adult Care Executives, said facilities are liable for harm done by residents to other residents and staff. She also said the measure would add more burdens to an over-regulated industry.