A new resource developed by Justice in Aging in partnership with NAELA discusses federal Medicaid law and assisted living advocacy. Medicaid increasingly can cover care in an assisted living facility. Most often, funding is provided through a Medicaid home and community-based services (HCBS) waiver, but other Medicaid mechanisms are used as well. Two provisions of federal Medicaid law — one historically underutilized, the other brand new — offer eviction protections for assisted living residents. This document provides assistance for the attorney or other advocate in identifying potential problems, developing an advocacy strategy, and litigating issues as necessary.
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