Are Families Suing Over Insurance Denials for Memory Care Costs

Families are increasingly pursuing lawsuits over insurance denials for memory care costs, driven by the high and often unexpected expenses associated with caring for loved ones suffering from dementia, Alzheimer’s, and other memory-related conditions. Memory care, a specialized form of senior care designed to support individuals with cognitive impairments, is costly and frequently not fully covered by insurance policies, leading to disputes and legal action.

Memory care involves comprehensive services including 24-hour supervision, assistance with daily activities, medication management, and specialized therapeutic programs tailored to cognitive decline. These services are typically provided in assisted living or skilled nursing facilities with dedicated memory care units. The costs can be substantial, often reaching tens of thousands of dollars per month, which places a heavy financial burden on families. Many insurance plans, including long-term care insurance and some health insurance policies, have strict limitations or exclusions on coverage for memory care, resulting in denials when families file claims for reimbursement.

When insurance companies deny claims for memory care costs, families may feel forced to pay out-of-pocket or seek legal recourse. Lawsuits often arise because families believe the insurance companies are wrongfully denying coverage that should be provided under the terms of their policies. These disputes can hinge on complex policy language, definitions of covered care, and whether memory care qualifies as skilled nursing or custodial care under the insurance contract. Families argue that memory care is a medical necessity due to the progressive nature of cognitive diseases and the specialized care required, while insurers may contend that such care is custodial and therefore excluded.

The legal battles over these denials are part of a broader pattern of litigation in senior care, where families also sue nursing homes and assisted living facilities for neglect, abuse, or inadequate care. In many cases, the emotional toll on families is immense, as they navigate the challenges of their loved one’s declining health alongside financial stress and insurance disputes. Litigation can involve extensive investigations, depositions, and expert testimony to establish the necessity of memory care and the validity of insurance claim