Assisted Living is a type of rental housing that includes services like daily meals, housekeeping, help with daily living, recreation activities and emergency call services.
There are different names for Assisted Living, like Housing with Services and Customized Living. The different types of Assisted Living may have slightly different rules but they will be lumped together as “Assisted Living” in this factsheet.
Assisted Living includes:
in-home residential and Assisted Living situations
Dementia care and hospice care
a whole range of independent living situations where services are available
The average cost for Assisted Living is $4,000 per month but can be a lot less or a lot more. That cost includes the bill for both rent and services.
If you want government help to pay for your Assisted Living you have to do a Medical Assistance (MA) long-term care application AND a MN Choices questionnaire (formerly called a Long-Term Care Consultation (LTCC).)
You might have to pay for home care on your own until your MA application is approved. This could take weeks or even months.
MA might pay for the services you need but you may be responsible for rent or room and board. Some people may be able to get help from Housing Support (formerly called Group Residential Housing). Up to $922 a month.
You may need to spend down money to reach MA eligibility. If you have a large amount of assets you may want to talk to a lawyer who works on MA planning. A lawyer can talk to you about the best way to preserve your income and assets. This is extra important if you move to a nursing home.
Not all Assisted Living places take payments from public assistance agencies for services or housing and food. Make sure you check.
There may be charges for additional services that are not covered.
You have the right to effective communication. This means you have the right to information in a way that you understand best. This might be another language, or braille or an ASL interpreter.
You can’t be evicted without your landlord filing a case in court. But be sure to read your lease carefully. Many people do not realize that an Assisted Living landlord can end your lease with proper notice.
Your landlord CAN end the services contract with either a 10 day or 30 day notice but you have the right to keep living there and bring in your own services.
You are protected by the Home Care Bill of Rights found in MN statute 144A.44 and 144A.441. Starting in January 2020, you also have the right to put a camera in your room to monitor your safety. You have to give them a completed “notification and consent” form. There are limited exceptions to having to tell.
If there is a maltreatment investigation and it finds that you have been a victim by your home care provider, you can sue to get for the harm you suffered OR you may be able to get up to $5,000 from the government, depending on the situation. This option ends July 31, 2021
Regular tenant rights apply AND you have even more protections.
There are only 6 reasons you can be discharged from the facility:
Your health improves
The facility closes
You owe rent
You are unsafe
Others are unsafe if you are there
The facility can't meet your needs
The Health Care Bill of Rights protects you against being forced to take medications or treatments that you refuse. Starting in January 2020, it also gives you the right to put a camera in your room to monitor your safety. You can’t be retaliated against. If you, a family member, or anyone looking out for you makes a complaint, files an abuse report, or stands up for your rights, the nursing home, and/or any of the employees can’t do things to get back at you because of it.