SUMNER, Wash. -- A 99-year-old woman whose health is declining is being threatened with eviction from the assisted living facility where she has lived for the last decade because she switched from Medicare to Medicaid, reported KIRO 7 Eyewitness News.

According to a news release from Washington State Long-Term Care Ombudsman Louise Ryan, Cordelia Robertson received an eviction notice from Assisted Living Concepts Inc., or ALC, two days after her 99th birthday.

ALC owns Franklin House Assisted Living Facility in Sumner where Robertson has lived for 10 years.

After being served on Monday with Robertson's legal papers that included declarations from the Department of Social and Health Services showing that Franklin House did have Medicaid apartments available, and that Robertson is on hospice care due to her declining health, ALC requested a continuance of the June 2 court hearing, but did not dismiss the eviction lawsuit.

Robertson's family said they believe the recent move to prolong the litigation process is an attempt to take advantage of their mother's declining health.

"Franklin House is hoping that our mother will die in the next month or two so that they don't have to face the press on this issue," said Gene Robertson, Cordelia Robertson's son. "We've been put through the wringer for over a year. We want them to dismiss the lawsuit and stop pursuing my mother for money she doesn't owe. Or, we just want the judge to hear our case so our mother can live peacefully in her home for the remainder of her life."

Robertson has paid Franklin House $330,000 over the last 10 years and suffers from dementia.

"Eviction of frail elderly people from assisted living facilities is a serious problem across our state and the country," said Ryan.

By federal law, nursing homes are required to retain their Medicaid residents but the laws do not apply to assisted living facilities.

A corporate spokesperson for the facility said she couldn't get into detail on the case since it is still pending in Pierce County court, but said while some residents at the facility are allowed to stay under the Medicaid program, no one is guaranteed acceptance because there are a limited number of openings available.