Assisted Living Facility Qualifies as Long Term Care

A U.S. District Court in Ohio finds that an assisted living facility is a long-term care facility under the terms of a long-term care insurance policy, even though the facility did not have a nurse on site 24 hours a day. Hoekenga v. Continental Casualty Company (U.S. Dist. Ct., S.D. Ohio, No. 1:06-cv-458, April 18, 2007).

Barbara Hoekenga purchased a long-term care insurance policy from Continental Casualty Company. The policy defined a long-term care facility as one that provided 24-hour-a-day nursing services under the supervision of a registered nurse.

After Ms. Hoekenga moved into an assisted living facility, Continental denied coverage because the facility did not have a nurse on the site 24 hours a day; rather, nursing services were provided 24 hours a day under the supervision of a nurse. Ms. Hoekenga sued the company in federal district court.

The U.S. District Court for the Southern District of Ohio grants Ms. Hoekenga summary judgment. The court holds that the term "supervision" does mean a nurse must be physically present 24 hours a day.