Eviction of nursing home residents is sometimes carried out improperly and/or without just cause. Eviction issues include the following:
- Eviction Without Proper Notice
- Eviction for Being ‘Difficult’
- Eviction for Complaining
- Eviction for Refusing Medical Treatment
- Eviction for Nonpayment While Medicaid Application Is In Process
- Eviction Because Medicare Payment Has Ended
- Eviction to an Unsafe Setting
- Eviction While Resident Is Hospitalized
In the past, Congress specifically addressed the rights of Medicaid residents with two separate federal laws that apply to nursing homes that accepted Medicare or Medicaid payment.
One of these laws, the Nursing Home Resident Protection Amendment, revised the Social Security Act to forbid the improper removal or transfer of Medicaid residents if or when the nursing home stops participating in the Medicaid program. This law states that nursing homes have permission to pull out of the Medicaid program, but their withdrawal from the program cannot be the basis of evicting their existing Medicaid residents. The nursing homes must provide notice to future residents – in both writing and orally – that they will no longer accept Medicaid. They’re also required to get a signature on a written document acknowledging that they received that notice, and presentation of that document needs to be separate from other documents. This is so future residents know in advance that if they are able to pay for care initially but are unable to pay later on, then the nursing home can require the resident to move out, regardless of whether or not the resident qualifies for Medicaid. Improperly removing or transferring a Medicaid resident could violate this law.
Medicaid residents can only be removed or transferred from a nursing home in one of the following situations:
- When removal or transfer is essential for the well-being, health and safety of other residents and staff;
- When the resident’s health has improved enough to the point that their residency in the nursing home becomes unnecessary;
- The nursing home hasn’t received payment for services the resident received;
- The nursing home closes.
Even with the aforementioned circumstances, nursing home are required to follow particular procedures for removal or transfer to remain legal.
When a nursing home resident is given notice of their removal or transfer, they have the right to the following:
- Appeal of the removal or transfer if they believe it to be improper/illegal
- Resisting removal or transfer if they’re waiting to receive Medicaid and the nursing home facility neglected to give them notice that the facility doesn’t accept Medicaid
- A 30-day written notice from the nursing home facility about the plan and reason for their removal or transfer, except if it is an emergency
- Safe & orderly removal or transfer
- Proper communication concerning bed-hold and re-admission requirements
If you or a loved one has or is currently dealing with improper removal or transfer from a nursing home facility, please contact Lloyd & Lloyd. We can walk you through the legal process and determine if you qualify for compensation.