Anybody know the legality of this?

[Lilsia]

It is more that they seem to change the rules just out of the blue. Family can come in and visit without at test, but all of a sudden, we were the only ones that have to have a test to move her stuff out. I don't think it came from any concern for the residence since NO ONE ELSE needed to take a test to come in to the facility. It would have been one thing if that was their policy all along, but it wasn't.

 

[robinb]

It is more that they seem to change the rules just out of the blue. Family can come in and visit without at test, but all of a sudden, we were the only ones that have to have a test to move her stuff out. I don't think it came from any concern for the residence since NO ONE ELSE needed to take a test to come in to the facility. It would have been one thing if that was their policy all along, but it wasn't.

Maybe they changed the rules because Covid is on the increase. Maybe they have different rules for visiting and for moving out. Maybe they are pulling a new rule out of their butts just for you.

It doesn't matter that it wasn't their policy before. It is their stated policy NOW and you're making things more stressful and difficult by kicking up a fuss. Take the test. Wear a mask while you're there. Social distance as much as you can. Move forward and put the facility in your rear view mirror. Once your grandmother's things are out of there you never have to set foot in there again.

 

[Lilsia]

Maybe they changed the rules because Covid is on the increase. Maybe they have different rules for visiting and for moving out. Maybe they are pulling a new rule out of their butts just for you.

It doesn't matter that it wasn't their policy before. It is their stated policy NOW and you're making things more stressful and difficult by kicking up a fuss. Take the test. Wear a mask while you're there. Social distance as much as you can. Move forward and put the facility in your rear view mirror. Once your grandmother's things are out of there you never have to set foot in there again.

I am not sure if you read everything I posted. The director got back to me right away and said that they are not requiring a test. She did not know why they said that. So it was not me being "difficult". I had 1 conversation with them about it and yes, I did question the policy because of our recent experience. It is one thing if this was actually what they expect from everyone and has been their policy. It is another thing to have someone just randomly make up BS rules for whatever reason they feel like. I am not going to be bullied. And questioning what was told, is not "kicking up a fuss". Funny how you are quick to judge my supposed actions and words that you have no idea about.

 

[NannyBeBe]

I am sure that the assisted living facility is anxious to have a new client in your grandmother's room, so her things need to be removed and the room prepared. That can be done either by you packing up her things or the facility doing it for you. I would let them know, in writing, that you will not be paying any further rental until the issue is resolved. My daddy always said, "Everybody has a boss." If you can get no help from the director, find out who his or her boss is and contact them. I do not understand why a test would be required if all you are doing is walking into her room, packing up her things, and walking back out.

 

[cobright]

So my grandmother just passed last week. ... Since we are still paying for this apartment, I can't believe they can legally keep us out. Anyone with legal knowledge about this? TIA

My condolences for your loss of course.
The facility's rule here is almost certainly legal. You should talk to a lawyer of course to get real legal advice, but I can tell you that a lot of these specific issues were tested back in 2009 during the Swine Flu pandemic and a lot of lee way is granted to businesses during a public health crisis.

Sort of how some people claim that a store can't keep them from entering for not wearing a mask or require a health screening of guests or employees before entering their premises because it would violate ADA or HIPPA or whatever. All true, except when there is a declared public health emergency.

If I had to speculate, either you benefited from hospice exceptions when they allowed you access before your grandmother passed or the facility or the proximate locality is experiencing an uptick in cases and you are being burdened by their increase in caution.

Just find out what kind of test and go get it. The peace of mind is worth the hassle.

 

[cobright]

It is one thing if this was actually what they expect from everyone and has been their policy. It is another thing to have someone just randomly make up BS rules for whatever reason they feel like.

I have run into my share of 'petty tyrants', people, usually in a lower office of importance, who like to enforce rules; mostly because they like the power of telling people what they can and can't do. It sounds like you did the right thing to call back and talk to someone else. Often when you pull call for a manager on the spot the manager is now in the position of backing the employee or not.

It's also my experience that, behind the scenes, assisted living facilities are some of the most chaotic workplaces imaginable. The staff member who gave you bad information may have misunderstood directives blasted out during a 3 minute meeting at the beginning of the shift. One that may have changed a half dozen times in the last two weeks or even since that person's last shift. It may have even been the actual policy when the staff told you but changed during then and when you spoke with a manager.

Not an easy thing to know one way or the other, but I feel better assuming that the rest of us are doing their best and mistakes are one of the things that make us human. I can't forgive myself the mistakes I've made and the inconveniences I've caused others without being willing to do the same for those who have inconvenienced me.

 

[PrincessShmoo]

My mother-in-law is in a senior residence. Full service, from senior apartments through assisted living, to hospice.

She's been in the assisted living area since the pandemic hit, and they have been very strict about no visits. The staff and residents get tested twice a week. They've only had 3 cases (staff) and 1 death (resident). They do allow phone/zoom visits, and recently have started allowing one visitor to those in the health clinic (where MIL currently is due to fracturing her neck). Visitor has to make an appointment through the Enrichment Department, be masked (face mask and shield) and gowned, with visitors sitting outside on patio outside the resident's door. One hour maximum.

I know it's sad, and hard for everyone in these situations, but we have to do what we have to do.

 

[disykat]

The rules are pretty crazy and random. No one knows that more than the people who work in those facilities and are struggling to keep up with and follow all the rules so they don't lose their licenses.

I feel your frustration. I'm sorry for what you are going through. Please know I get your pain. I've been struggling to write this through a veil of tears because this is such a painful subject for me. I've started over several times.

The rules don't make sense. I can meet my parents outside the door and put them in my car if they need to go to the doctor, but I can't see them inside the door or in their room. Total strangers can take care of them simply by wearing a mask but I can not. However, they have to draw lines somewhere and in almost every situation lines drawn can seem random. Basically it has to qualify as an "emergency" for us to see our parents. We had to pay a crew to pack and move mom from assisted to join my dad memory care. We did it all without me ever stepping foot in either place and I have yet to see the room my mom has been living in since June. (At least they're together now, she couldn't even visit him from March until she moved to be with him in June!) I've seen dad once and mom twice to take them to the doctor, but otherwise it has been on the phone or driving 425 miles each way just to wave at their windows since this started. Even when I drove down to take mom to the doctor, I had to just wave at dad and vice versa.

I've know the administration and most of the staff at my parent's place for three years. I can feel their pain as they are helping us navigate this. They know me and I can tell it hurts them because they know I was a regular visitor and now can't come. They are heroes in my book for sticking it out through the ins and outs of this to protect the most vulnerable. They are not trying to hurt us, they're trying to follow the ever changing list of rules they've been given to keep people safe.

This is HARD! But this is COVID 19. I feel fortunate that they live somewhere that is following all the rules for their protection. The more hard core they are, the safer my parents are. They are comfortable and well cared for. I am ready for whatever happens with my parents, but having them pass on alone in hospital unable to breathe is not what I want for them. (So glad visitors are now allowed at the end!)

Meanwhile, I've barely seen my parents since March and no end in sight until this thing goes away or they get put on Hospice.