Posted: 12/31/2024
When searching for a nursing home for a loved one, the goal is to find a place that offers comfort, safety, and compassionate care—a space where they feel secure and valued. However, the possibility of eviction or discharge can create worry and uncertainty. Can your loved one be forced to leave their nursing home? If so, under what circumstances?
Nursing homes are regulated businesses bound by laws that protect residents’ rights. Key among these is the Nursing Home Reform Act of 1987, which ensures residents are cared for in a stable and safe environment. While evictions are uncommon, certain situations allow nursing homes to discharge residents legally.
A nursing home may evict a resident for specific reasons, often referred to as "good causes," including:
Federal laws safeguard nursing home residents from unwarranted discharges. Three key protections include:
Yes, nonpayment is a valid reason for eviction. However, nursing homes must meet strict legal requirements before proceeding:
If a resident cannot pay: The facility must provide a written notice at least 30 days before the proposed discharge, The notice must include:
To prevent abrupt and unsafe discharges, nursing homes are legally required to:
Additionally, facilities must ensure a safe and appropriate alternative residence before discharge. Evictions that fail to meet these conditions may violate federal and state laws.
In general, nursing homes cannot discharge a resident without ensuring their well-being. Facilities must follow strict regulations to prevent unsafe or unlawful discharges.
If you or your loved one is facing eviction, several resources can provide guidance and support:
Facing a potential eviction from a nursing home can feel overwhelming, but understanding the legal protections in place can provide peace of mind. Laws like the Nursing Home Reform Act of 1987 ensure that evictions occur only under specific circumstances, with adequate notice, and with the resident’s safety and dignity as priorities.
If you find yourself in this situation, seek help from an attorney, ombudsman, or Medicaid representative to ensure your loved one’s rights are safeguarded.
Choosing a nursing home is about ensuring quality care and peace of mind for your family. With knowledge and preparation, you can confidently navigate these challenges and advocate for the respect and care your loved one deserves.
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