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Shocking shortcomings in elder protections exposed by memory care closure notice, critics say

Montgomery County Executive Marc Elrich called the 45-day closure notice "inhumane" and alarming for families involved.

SILVER SPRING, Md. — The looming eviction of memory care patients from a Montgomery County assisted living facility has sharped the focus on what critics say are shocking shortcomings in Maryland’s protections for elderly people. 

Fifty-three people, some of whom family members say don’t understand what’s going on, were told they have 45 days to move, because The Landing of Silver Spring has been sold. It’s the minimum notice required, according to Maryland law.

Montgomery County Executive Marc Elrich sid that needs to change.

"There's got to be a longer run up than 45 days," Elrich said. "To not take into consideration how you do this in a way that's humane for everybody is a bit alarming."

Elrich said he's instructing his county's Health and Human Services department to brief legislators and advocate for more protections under state law. The county executive noted that finding safe and affordable memory care for elders can take families months or longer. Elrich urged the purchasers of The Landing at Silver Spring to reconsider their deadline, even though it is the minimum legal requirement. 

The property has been purchased by Omega Healthcare Investors of Hunt Valley, Maryland and CommuniCare, according to a letter given to residents and families dated Oct. 2.

Omega Healthcare Investors controls a $10.3 billionportfolio of properties in 42 states and two countries, according to its website.

"It's all about money," Elrich said.

The company has not responded to WUSA9's request for comment.

Kathleen Parry said the news hit her "like a punch in the stomach" when she was informed Tuesday that her 101-year-old mother Rosemary was going to have to move by Nov. 15.

"I'm afraid the move is going to kill her," Parry said. "She’s 101 and strong, but still in a wheelchair and needs care 24/7. This is the worst possible news I could have possibly gotten, other than my mother's death."

Parry has begun a frantic search for a new facility for her mother, but is extremely anxious that there's not enough time to find a place that will be familiar enough to not destabilize her mental or physical condition. She said she is considering a hasty move to Alabama with her mother to be near relatives.

Lynne Sheller, whose mother is 91 and suffers from memory problems, called the 45-day notification "elder abuse."

The Landing of Silver Spring promises to do everything possible to assist families in finding a new facility, while also organizing a job fair for all the employees who will be fired, according to a statement from Leisure Care, the company that operates the facility. Leisure Care is required by its state license to assist residents in finding new accommodations, according to Chase Cook, a spokesperson for the Maryland Department of Health. The company did not immediately respond Thursday when asked by WUSA9 how many of its 53 residents have found new accommodations since Monday's announcement.

As of Thursday 41 days remain before the facility closes.

Montgomery County has no oversight of healthcare facilities, but Elrich urged residents in crisis to contact the County Health and Human Services, which offers a Long Term Care Health Ombudsman to help residents troubleshoot. Maryland's Department of Aging also offers an ombudsman program.

State health officials urge residents with complaints to contact the Department of Health's Office of Health Care Quality at 410-402-8047 or visit their web site at health.maryland.gov/ohcq/Pages/home.aspx.

"We are monitoring this situation to ensure all regulations are followed," Cook wrote in a statement to WUSA9. "We also are reviewing the assisted living regulations to see if change can be made to further protect residents in situations like this. The Maryland Department of Health’s Office of Health Care Quality is in daily communication with The Landing and has requested daily updates on rehoming of its 53 residents. We will continue that enhanced communication until every individual has found a new location. The Long-Term Care Ombudsman from the Maryland Department of Aging is also in contact and assisting residents." 

    

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