A recent Massachusetts court ruling has sent a clear message to assisted living facilities about transparency and fairness in their billing practices. In a groundbreaking case, a $2.6 million judgment was awarded against a company for charging hidden junk fees to residents and their families. This victory highlights the need for seniors and their families to be careful when reviewing contracts for assisted living and long-term care.
What Are Junk Fees?
Junk fees are hidden or additional charges not clearly outlined in a service agreement. In this case, families were charged fees beyond what was disclosed in their initial agreements with the assisted living facility. These fees can include administrative costs, unnecessary services, or vague "miscellaneous" charges that significantly inflate the overall cost of care.
The Impact of This Case
The $2.6 million judgment marks a significant win for seniors. It highlights the legal obligations of assisted living facilities to disclose all costs upfront. This ruling shows how important it is to review contracts and question any vague or unexplained fees carefully.
Assisted living facilities must pay closer attention to their billing practices or face serious consequences. This case sends a strong message that these practices will not be tolerated in Massachusetts.
Sophie's Story: A Personal Case of Unfair Charges
Several years ago, I worked with Sophie, a client who spent just two nights in an assisted living facility before being told they could not provide the level of care she needed. Despite this, they tried to keep her $5,000 Community Fee and the first month's rent, charging her over $10,000 for just two nights. It was an unfair situation, but after getting involved, I was able to help Sophie recover most of her money. Without legal intervention, Sophie would have been left with an enormous bill for the care she didn’t receive.
A Few Tips to Avoid Unnecessary Costs:
Be Upfront About Care Needs: If you or your loved one has significant care needs, ensure that the facility is fully aware of this and can provide the necessary level of care. Assisted living facilities vary widely in the services they offer. Some may take you in, charge you significant fees upfront, and then require you to hire additional private care, which can quickly drive up costs to over $30,000 a month.
Ask the Tough Questions:Â Be sure that you understand all the costs you are expected to pay and that you have enough money to cover them for at least a few years. You should also ask what happens when your money runs out.
Consider All Options: Sometimes, staying home may be the better option. MassHealth programs can assist with in-home care, which might make it possible to stay in familiar surroundings while receiving the care you need.  Many people are surprised to find out that with the right guidance, there are ways to qualify for MassHealth, even if you have money. Veteran’s benefits can also help those who qualify pay for assisted living costs. In other cases, it may be more realistic to consider a facility that can fully manage your care needs, even if it’s a nursing home.
How Senior Solutions Can Help
At Senior Solutions, we are Elder Law Attorneys specializing in Medicaid planning and helping individuals navigate the complexities of long-term care. If you are concerned about the cost of home care, assisted living, or nursing home care and want to explore your options, we can guide you through the process and create a road map. It is always best to start before care is needed. We will work with you to ensure you have the right plan to protect your future. We are here to help. Please call our office at 617-489-5900 or schedule a brief free consultation (offered to new clients).
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