Dalton woman at odds with assisted living facility

DALTON, Ga. — Janice Wycherley said she removed her 83-year-old mother, Mildred, from a local assisted living facility because she was concerned for her mother’s well-being.

Now Mrs. Wycherley is arguing with Peachtree Estates over a bill for $1,630 the home says is owed because her mother, who lived there from February to May, left without giving 30 days’ notice.

The Healthcare Facility Regulation division of the Georgia Department of Community Health is investigating nine allegations by Mrs. Wycherley against Peachtree Estates, including that it didn’t have enough staff to meet residents’ needs.

Mrs. Wycherley likens her crusade to “David’s child against Goliath,” but says she’s determined to fight for her mother, who “can’t fight for herself.”

The head of Peachtree’s parent company disputed Mrs. Wycherley’s allegations, including any assertion that the facility is understaffed.

“I’m certainly not going to tell you we never screw up,” said Laurie Bebo, president and CEO of Assisted Living Concepts. “(But), we have the highest percentage of deficiency-free surveys as a national company, and we’re very proud of that.”

Ms. Bebo said that state long-term care ombudsmen are available to advocate for residents.

A state spokeswoman said all complaints are investigated.

In severe cases, such as imminent danger for residents, the office may fine or suspend a facility’s license, said Joye Burton, spokeswoman for the Georgia Department of Community Health.

Otherwise facilities cited for deficiencies must provide plans to correct problems unless the citations are successfully appealed.

Ms. Burton said the contracts between clients and a facility are legal issues, and the state doesn’t get involved.

Claudette Sheehan also is fighting against a payment demand that came after she removed her mother, Aloe, from Peachtree because she felt the staff was too small to care for her.

“I know that there’s a lot of folks out there that like us and think that we are doing a good job,” Ms. Bebo said.

Grace Bright is one such resident.

The 89-year-old says great things about Peachtree. She likes everything from the dining room to the regular singing events to service provided by employees.

“I don’t think I’ve met anyone that’s not happy living here,” she said.

Dalton elder law attorney David McGuffey is familiar with residents’ and family members’ rights to break contracts with assisted living facilities.

He said that unlike nursing homes, which have to meet stricter federal standards, assisted living facilities “are free to do anything they want to within the bounds of state contract law.”

People who believe a facility hasn’t lived up to its contract may take legal action, he said. Or they can choose not to pay and let a facility sue them.

“If (the facility) sues, the patient or the family can come in and defend the suit by saying you didn’t provide the service,” said Mr. McGuffey.

Regulations differ from state to state, Mr. McGuffey said. There’s a movement for the federal government to regulate assisted living facilities so patients and providers would be able to encounter a single set of standards, he said.

That could include specific rights to get out of contracts when patients have legitimate claims, he said.

In any case, he said, patients and family members should review contracts, do research and seek advice to be sure a facility is the right one.

“You absolutely need some help if you’re planning to admit a loved one into a facility because it’s like moving to a new town,” he said. “Before you buy a house wouldn’t you check out the school system?”