What is a Resident Service Agreement?

The most important piece of information you can have is the Resident Service Agreement. This is the legal contract between you and the facility that sets forth what arrangements you have agreed to, regardless of anything that was advertised, stated, or promised through conversations, brochures, or other media.

Key issues that should be included in the Resident Service Agreement

The Resident Service Agreement should clearly state, at a minimum, the following issues in writing:

1. the services the facility will provide: by whom, when, and how often;
2. rights and responsibilities of the facility and of the resident;
3. costs of services and terms of payment (this should include the monthly fees and charges for any additional services);
4. the terms and conditions for continued residency and discharge from the facility.

Services:

• The resident's individual needs and preferences (descriptions should be detailed and specific).
• The staff position (or outside agency) that will provide each additional service to the resident, the frequency, and their cost.
• The times when the agreement can or will be reviewed or changed and the procedure and people involved in these actions.

Costs:

• Basic rates, up-front and additional costs (should be detailed and specific).
• Up-front costs could include entrance or orientation fees, security deposits, renter's insurance and/or waiting list deposits, which may or may not be refundable.
• Additional costs could include separate charges for health-related services, assistance with activities of daily living and personal care, laundry, special diets, guest meals, transportation, housekeeping, parking, storage, maintenance and repairs, and utilities (e.g. water, gas, electricity, television, and/or cable).
• Expected payment methods and timetables, including how late payments are handled.
• Requirements for receiving a full or partial refund, should a resident decide to cancel an application for admission or later decide to leave the facility.
• Procedures for increasing rates, including under what conditions rates can be increased and how much notice residents will receive.

Terms and Conditions:

• The facility policy and procedures, should a resident no longer have the funds necessary to pay for their care.
• The conditions which would require that a resident be discharged or transferred from the facility.
• The facility's notification, appeal, and grievance procedures, when a resident is transferred or discharged from a facility against their wishes.
• The facility's room-hold policy, when a resident must be absent due to hospitalization or other reason.

Your Rights and Responsibilities:

• Ask for a copy of the Resident Service Agreement.
• If a facility refuses to provide you with a copy of a Resident Service Agreement, this is a warning sign. A high quality facility encourages a potential resident and/or his loved ones to examine the contract in advance.
• Never sign a contract the day you visit. Before making a decision about an assisted living facility, take the contract home and review it. The agreement should include all of the services you and the facility have agreed upon that the facility will provide.
• If you do not agree with certain items outlined in the contract or if you need services that are not included in the contract, you may want to discuss this with the Administrator or check into what is available at other facilities.
• If the terms of the Resident Service Agreement change at any time, or should your needs change, the Agreement should be amended or a new Agreement (contract) should be negotiated, put in writing, and copies given to all involved parties.
• It is very important to retain a copy of the current Resident Service Agreement, and to review it carefully before signing it.