Key points
- California's rules look at care needs, not the diagnosis: ALS and MS are not named on the restricted or prohibited lists.
- People under 60 may live in a care home licensed for older adults when their needs are compatible with the other residents'.
- Wheelchair users and people who cannot get out of bed alone need a home with the matching fire clearance.
- Feeding tubes, tracheotomies and total dependence for daily activities are prohibited without an exception or hospice.
- With a progressive illness, ask each home in advance where its limits are and get the answer in writing.
Can a California care home accept someone with ALS or MS, even under 60?
Assisted living communities and board and care homes, licensed in California as residential care facilities for the elderly (RCFEs), are non-medical settings meant mainly for people 60 and older. Age is not an absolute bar. Title 22, section 87455, lets a home accept people under 60 whose needs are compatible with the other residents', if they require the same amount of care and supervision as the others do. NINDS notes that MS symptoms usually begin between ages 20 and 40. Our guide to care options for adults under 60 covers the alternatives.
Neither ALS nor MS appears on the restricted list in section 87612 or the prohibited list in section 87615. Specific needs do, and our guide to health conditions assisted living can accept explains both lists. No home may admit or keep a person who requires 24-hour skilled nursing care, and no home is required to accept a particular person.
Which ALS and MS care needs can a care home manage?
Title 22 separates what a home's own staff may do from tasks that need an appropriately skilled professional, meaning a licensed person such as a nurse or a physical, occupational or respiratory therapist. Need by need, the rules are:
| Care need | What California's rules say |
|---|---|
| Help with dressing, bathing, eating, toileting | Basic services from the home's staff (section 87464). |
| Walker or wheelchair | The person counts as nonambulatory. The home needs a fire clearance for that before accepting or keeping the resident (section 87202). |
| Cannot get in or out of bed alone, or needs help to turn in bed | This is the legal definition of bedridden. Allowed only in a home with the right fire clearance, apart from a temporary illness or recovery from surgery (section 87606). |
| Incontinence or a urinary catheter | Restricted (sections 87625 and 87623). Catheter insertion and irrigation only by a skilled professional. |
| Medications by injection | Given by the resident or a skilled professional (section 87629). |
| Contractures and prescribed exercises | Restricted (section 87626). Exercises are done by a skilled professional or by staff the professional has instructed. |
| A modified diet for swallowing problems | The home must provide a diet the physician prescribes as a medical necessity (section 87555). |
| Feeding tube or tracheotomy | Prohibited (section 87615) without an exception or a hospice care plan. |
| Depends on others for all activities of daily living | Prohibited (section 87615) without an exception or a hospice care plan. |
Breathing support is the least clear area. NINDS says people with ALS may use noninvasive ventilation through a mask and may later need a mechanical ventilator. Title 22 names oxygen and the intermittent positive pressure breathing machine as restricted, and tracheotomies as prohibited, but does not mention other breathing equipment. Ask the home what it has cared for before, and whether it has checked with its licensing office.
How long can someone with ALS stay in a care home?
There is no number of months in the rules. There are thresholds. NINDS says that as ALS progresses, a feeding tube can reduce the risk of choking and pneumonia when a person can no longer eat with help, and that people eventually cannot get out of bed or use their hands and arms. Each of those points meets a line in Title 22: the bedridden fire clearance, the prohibition on feeding tubes, and the prohibition on depending on others for all daily activities.
Two routes can keep a resident in place past those lines. Under section 87616, a home may ask the Department of Social Services for a written exception, with current medical reports and its plan for meeting the person's needs. The home applies, and the department decides. The second route is hospice: a home that holds a hospice care waiver does not need a separate exception for a terminally ill resident whose hospice care plan addresses the condition.
Ask each home what it will do at each threshold, whether it holds a hospice waiver, and whether it has ever asked for an exception. For tube feeding in particular, see feeding tubes and swallowing problems.
What is different about MS in assisted living?
MS is less predictable from month to month. NINDS describes attacks, also called relapses, followed by full or partial recovery, and says many people find their symptoms are worse when they have a fever, are exposed to heat, or have a common infection. It also notes that people with MS often use a wheelchair, especially with advanced disease.
For a care home, a relapse that changes the help a person needs is what the regulations call a significant change in condition. The home must update its appraisal, bring the change to the attention of the resident's medical professional, and adjust the care it gives. If your relative's needs go up and down, ask how the home prices care when needs rise and whether the price comes back down afterward.
Therapy can come to the resident. NINDS says physical and occupational therapy can help people with MS with walking and with saving energy. See therapy and home health in assisted living for how therapists and nurses visit a care home, and wheelchairs and transfers for lifts and two-person transfers.
What should you ask a care home about ALS or MS?
Bring a current list of what your relative can and cannot do, and ask:
- Which rooms are cleared for nonambulatory residents, and is the home cleared for bedridden residents?
- Have you cared for a resident with ALS or MS before? What happened when their needs increased?
- Do you hold a hospice care waiver?
- Who are your other residents? Is anyone close to my relative's age, and do most have dementia?
- How do staff communicate with a resident who uses a speech device or cannot speak clearly?
- At what point would you tell us you can no longer meet these needs, and how much notice would we get?
How Hamssa can help
Hamssa Benrekia is a senior living placement specialist in Torrance with a background in hospice, palliative care and home health. She can ask licensed homes in the South Bay and Harbor area the threshold questions before you tour, and go on the tours with you. That search can include small board and care homes. The home, the doctor and the state decide what a home may accept. To talk it through, contact Hamssa, or start with the California Assisted Living Placement Guide.
Common questions
Can someone with ALS live in assisted living in California?
Yes, while the home can meet the person's needs within the rules. ALS is not a prohibited condition under Title 22, section 87615. As it progresses, needs can reach conditions that are prohibited, such as a feeding tube, a tracheotomy, or depending on others for all activities of daily living. At that point the home needs a state exception or a hospice care plan, or the person needs a setting licensed for more care.
Can a person under 60 with MS move into a board and care home?
Yes, in some homes. Title 22, section 87455, allows a residential care facility for the elderly to accept persons under 60 whose needs are compatible with other residents in care, if they require the same amount of care and supervision as the other residents. Each home decides whether it will, so ask directly, and ask about the ages and needs of the people already living there.
Can a care home keep a resident who can no longer get out of bed?
Only with the right fire clearance, outside of a temporary illness or recovery from surgery. California law defines bedridden as needing help to turn and reposition in bed, or being unable to transfer to and from bed independently. A home that accepts or keeps a bedridden resident must notify the local fire authority no later than 48 hours afterward. Ask whether the home holds a bedridden clearance before move-in.
Can a resident with ALS have a feeding tube in a care home?
Not as a rule. Gastrostomy and naso-gastric tubes are prohibited health conditions under Title 22, section 87615. A home may request a written exception from the Department of Social Services, and a home with a hospice care waiver may keep a terminally ill resident whose hospice care plan addresses the tube. Ask the home which of these it has done before.
Sources
Official pages this page relies on. Rules and programs change, so check the source for the current version.
- National Institute of Neurological Disorders and Stroke: Amyotrophic Lateral Sclerosis (ALS)
- National Institute of Neurological Disorders and Stroke: Multiple Sclerosis (MS)
- California Department of Social Services: Title 22, Division 6, Chapter 8, Residential Care Facilities for the Elderly regulations, sections 87555 to 87795 (Word document; health conditions are sections 87605 to 87639, bedridden residents are section 87606)
- California Department of Social Services: Title 22, Division 6, Chapter 8, Residential Care Facilities for the Elderly regulations, sections 87405 to 87508 (Word document; sections 87455, 87463 and 87464)
- California Department of Social Services: Title 22, Division 6, Chapter 8, Residential Care Facilities for the Elderly regulations, sections 87163 to 87356 (Word document; fire clearance is section 87202)
- California Department of Social Services: Title 22, Division 6, Chapter 8, Residential Care Facilities for the Elderly regulations, sections 87100 to 87163 (Word document; nonambulatory person and appropriately skilled professional are defined in section 87101)
This guide is general information, not medical, legal or financial advice. Program rules and costs change; confirm details with the agency named in the sources.