Can a Patient Be Kicked out of a Nursing Home?

Posted On February 26, 2020 Nursing Home Abuse

You may have a loved one in a nursing home. In the US, there are approximately 1.5 million nursing home residents. There are many struggles that residents and victims face when getting into a nursing home, usually having to do with the affordability and quality of care at certain facilities. However, when a person is accepted as a resident, there can still be issues. Many people wonder if a nursing home can evict a resident. The answer to this can be complicated.

Why Would a Resident Face Eviction From a Nursing Home?

An eviction can place a huge burden on residents and their families. There has to be an incredibly good reason for a nursing home to evict a resident. There are several reasons why a resident may be evicted from a nursing home. Some of these reasons are explained here.

1. Medical care. If the care that a resident requires is beyond the scope of what the nursing home can handle, the resident will need to be moved to another facility. It is vital that both the facility and the resident’s family thoroughly understand the care that is required and what the home is capable of delivering before a resident moves in.
2. Care no longer needed. There are times when a resident may no longer need care provided by a nursing g home.
3. Resident’s behavior. In some instances, a nursing home resident could be evicted if their behavior is causing other residents to feel unsafe. This could include violent behavior or harassment by the resident.
4. Financial issues. If a resident reaches a point where they are unable to pay for long-term care, they could face eviction.
5. Nursing home closes. Of course, if a nursing home closes down, all residents will face eviction and will have to be transferred somewhere else.

Even when there is a legitimate reason for evicting a nursing home resident, the nursing home must follow specific procedures for the discharge or transfer to be lawful.

Rights Afforded to Medicaid Recipients

Two-thirds of nursing home residents in the US are Medicaid beneficiaries. Medicaid is a state and federal program that covers the cost of nursing home care in Medicaid-certified nursing homes for qualifying residents. Congress has enacted two laws that outline the rights of nursing home residents who are Medicare and Medicaid recipients. One of these laws is the Nursing Home Resident Protection Amendments of 1999. This amended the Social Security Act to prohibit any improper transfer or discharge of a Medicaid resident when the nursing home in question withdraws from participation as Medicaid-certified programs.

How to Handle a Nursing Home Eviction Notice

If a resident or their family member gets an eviction notice, the typical time-frame for completion of the eviction is 30 to 60 days. Make sure that the notice includes the reason for the discharge or transfer, the proposed eviction date, and the location where the resident will be going (if a transfer). You should also see a notice about the right to appeal the eviction as well as the right to a formal hearing and the right to legal counsel.

If you receive a notice, seek legal assistance as soon as possible to ensure you are receiving fair treatment. A qualified Fullerton nursing home abuse attorney will be able to help with the appeal and any formal hearings required.