LEGALLY REVIEWED BY:
Callahan & Blaine
November 3, 2024

elderly using a walker

If your loved one resides in a nursing home, then you will do everything you can to ensure that they are properly cared for. Across the United States, there are approximately 1.5 million people residing in nursing homes, a number that is expected to increase significantly over the next decade. However, there are various struggles that residents and their family members face when they need extended care inside these facilities. Often, this concerns the affordability and quality of care at certain facilities.

When a person is a resident in a nursing facility, some issues can arise that could lead to them being evicted, despite their legal rights to challenge coverage determinations and protections against improper discharge. Here, we want to discuss why a nursing home resident could face eviction and how you can handle an eviction notice in these situations.

Nursing Home Resident Rights and Protections

Nursing home residents have the right to be treated with dignity and respect and to receive quality care that meets their physical, emotional, and social needs. The Nursing Home Reform Act of 1987 and the California Department of Public Health (CDPH) regulations protect the rights of nursing home residents, including the right to:

  • Be free from abuse, neglect, and exploitation
  • Receive adequate care and services
  • Participate in the planning of their care
  • Be treated with dignity and respect
  • Have their rights and responsibilities explained to them
  • Receive reasonable and appropriate notice of transfer or discharge
  • Appeal a discharge decision

These protections ensure that nursing home residents are not only safe but also actively involved in their care decisions. Understanding these rights can empower residents and their families to advocate for the best possible care.

Why Would a Nursing Home Resident Face Eviction?

Nursing home evictions can place a considerable burden on the resident and their family members. Legal protections exist to prevent improper evictions, ensuring that residents can challenge these actions and remain in their facilities if additional care is needed. Nursing homes must inform the resident’s family or legal representative in advance of any discharge, underlining their legal obligations to communicate effectively.

However, there generally has to be a very good reason for a nursing home to evict a resident. Nursing home residents have significant rights that are established by both federal and state law, and these facilities cannot simply kick somebody out because they want to. Some of the legitimate reasons why a nursing home may be able to evict a resident include:

  • Medical care. If the medical care that a resident needs is beyond the scope of what the nursing home can provide, the resident will need to be moved to another facility. It is important for both a resident’s family and the facility to really know what care is required and what the nursing home is capable of delivering before the resident moves in.
  • Care no longer needed. If a resident no longer needs the care provided by the facility, then it may be necessary for them to move out to free needed space.
  • Resident behavior. There are times when a nursing home resident behaves in a manner that causes other residents or staff to feel unsafe. This can include violent behavior or harassment by the resident.
  • Financial issues. If it reaches a point where a resident can no longer pay for their long-term care, they could face eviction from the nursing home. However, removal based on financial difficulty is difficult.
  • Nursing home closure. If a nursing home has to close down, every resident will essentially face eviction and will have to be transferred to another facility.

Even when there are legitimate reasons for evicting a nursing home resident, there are specific guidelines that the nursing home must follow in order for the transfer or discharge to be lawful.

Lawful Reasons for Discharge from a Nursing Home

A nursing home can only discharge a resident for lawful reasons, which include:

  • The resident’s needs cannot be met by the facility
  • The resident has a medical condition that requires a higher level of care than the facility can provide
  • The resident has a medical condition that requires a transfer to a facility that can provide the necessary care
  • The resident has a medical condition that requires a transfer to a facility that is closer to the resident’s family or friends
  • The resident has a medical condition that requires a transfer to a facility that is more convenient for the resident
  • The facility is closing or discontinuing services
  • The resident has paid and intends to leave the facility
  • The resident has a court order requiring the transfer or discharge
  • The resident has a guardian or conservator who has made a decision to transfer or discharge the resident

These reasons ensure that discharges are conducted fairly and in the best interest of the resident’s health and well-being.

The Discharge Process

The discharge process involves several steps, including:

  • The nursing home facility must provide the resident with a written notice of discharge, which includes the reason for the discharge, the discharge date, and the resident’s rights and responsibilities.
  • The resident must receive reasonable and appropriate notice of the discharge, which is typically 30 days.
  • The nursing home facility must provide the resident with a discharge plan, which includes steps the resident and their family can take to meet their discharge goals.
  • The nursing home facility must refer the resident to appropriate community services and resources if the transfer is to a long-term home or community setting.
  • The facility must create a discharge summary that details the resident’s medical history, current medical condition, treatment plan, and discharge goals.

Following these steps ensures that the discharge process is transparent and that the resident’s needs are adequately addressed.

Medicaid Rights Afforded to Nursing Home Residents

Two-thirds of all nursing home residents inside the US receive Medicaid. Medicaid is a state and federal program that covers the cost of much of the nursing home care inside of Medicaid-certified facilities (which is the vast majority of nursing homes). There are two laws that have been enacted by Congress that outline the rights of nursing home residents who are Medicare or Medicaid recipients. One of the laws is called the Nursing Home Resident Protection Amendments of 1999, and this amended the Social Security Act to prohibit the improper discharge or transfer of a Medicaid resident if the nursing home where they are residing withdraws from participation as a Medicaid-certified program.

Handling a Nursing Home Discharge Notice

If a resident or their family members receive an eviction notice from a nursing home, the typical time frame for the completion of an eviction is 30 to 60 days. Nursing homes must inform the resident’s family or legal representative in advance of any discharge. It is important to make sure that the notice includes the reason the resident is being discharged or transferred, the eviction date, as well as the location where the resident will be going (if the eviction is a transfer). An eviction notice should also include paperwork about the right to appeal the eviction as well as the right to a formal hearing process and legal counsel.

Appealing a Discharge Decision

If a resident disagrees with a discharge decision, they have the right to appeal. The appeal process involves:

  • Filing a written notice of appeal with the nursing home facility within 20 days of the discharge notice.
  • The resident and their representative present relevant testimony, including testimony from witnesses.
  • The resident has the right to present evidence, cross-examine witnesses, and question the nursing home’s witnesses.
  • The nursing home facility provides the resident with a written explanation of the reasons for the discharge and the resident’s rights and responsibilities.
  • The resident has the right to appeal the discharge decision to the California Department of Public Health (CDPH) and the California Department of Aging (CDA).

This process ensures that residents have a fair opportunity to contest a discharge and seek a resolution that is in their best interest.

Wrongful Discharge from a Nursing Home

If a nursing home discharges a resident without following the proper procedures or for an unlawful reason, it may be considered a wrongful discharge. If you or a loved one has been wrongfully discharged from a nursing home, you should:

  • Seek legal advice immediately.
  • Contact a nursing home abuse lawyer who can investigate the case and take immediate steps to protect your rights.
  • File an appeal with the nursing home facility and the California Department of Public Health (CDPH).
  • Consider filing a lawsuit against the nursing home for wrongful discharge and any resulting harm or damages.

Taking these steps can help ensure that your rights are protected and that any wrongful actions by the nursing home are addressed appropriately.

Callahan & Blaine: Protecting the Rights of Nursing Home Residents

Nursing home evictions can be stressful and challenging, but you don’t have to face them alone. At Callahan & Blaine, we are dedicated to defending the rights of vulnerable residents and ensuring that facilities adhere to the legal standards set by state and federal laws. With over 40 years of experience, our firm has a deep understanding of the complexities involved in nursing home cases, including improper discharge and wrongful eviction.

If your loved one is facing an eviction notice or has been wrongfully discharged, our team is here to help. We can guide you through the appeals process, provide knowledgeable representation, and work to protect your loved one’s rights. Call us at (714) 241-4444 or visit our contact form to learn how we can assist with your case.

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Legally reviewed by:
Callahan & Blaine
November 3, 2024

Callahan & Blaine, established in 1984, is a leading litigation firm with a legacy of delivering exceptional results for our clients. With over 700 years of combined trial experience and a proven track record of more than $1 billion in verdicts and settlements, our team of highly recognized attorneys specialize in handling complex and high-stakes civil cases with unparalleled efficiency and skill.

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