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?
When Can a Nursing Home Evict a Resident?
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.
Legal Grounds for Eviction
A nursing home may evict a resident for specific reasons, often referred to as "good causes," including:
- Medical Necessity: If a resident’s medical needs exceed the care capabilities of the facility, such as requiring hospice or highly specialized treatment unavailable at the nursing home.
- Threats to Others: If a resident’s behavior or condition poses a danger to the health or safety of others in the facility.
- No Longer Needing Nursing Home Care: Residents who no longer require skilled nursing or rehabilitation services may be discharged.
- Nonpayment: If a resident or their family fails to pay for care, the facility may proceed with eviction, provided legal protocols are followed.
Federal Protections for Residents
Federal laws safeguard nursing home residents from unwarranted discharges. Three key protections include:
- Physical Location Rights: Residents cannot be relocated without a valid and justified reason.
- Landlord-Tenant Laws: Many states extend landlord-tenant protections to nursing home residents, requiring valid reasons for eviction.
- Comprehensive Resident Rights: Nursing homes must adhere to detailed legal procedures before evicting a resident, ensuring fairness and safety.
Can a Nursing Home Evict Residents for Nonpayment?
Yes, nonpayment is a valid reason for eviction. However, nursing homes must meet strict legal requirements before proceeding:
Payment-Related Eviction Protocol
If a resident cannot pay: The facility must provide a written notice at least 30 days before the proposed discharge, The notice must include:
- The reason for eviction.
- A summary of the resident’s current condition and care requirements.
- A discharge plan for safe relocation to a new facility.
Safeguards for Residents
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.
Other Protections for Nursing Home Residents
In general, nursing homes cannot discharge a resident without ensuring their well-being. Facilities must follow strict regulations to prevent unsafe or unlawful discharges.
- Safe Discharge Planning: A discharge plan must address both medical and non-medical needs. Sending a resident to an unsafe location, such as homelessness, constitutes a violation of their rights.
- Unlawful Discharges: Any attempt to discharge a resident without a safe and appropriate placement violates federal and state protections.
Accessing Help and Resources
If you or your loved one is facing eviction, several resources can provide guidance and support:
- Long-Term Care Ombudsmen: These advocates work to resolve complaints, ensure fair treatment, and mediate disputes with nursing home administrators.
- Elder Law Attorneys: Specialized legal professionals can help protect residents’ rights and represent families in disputes.
- Regional Medicaid Offices: If Medicaid is involved, these offices can provide clarity on policies and ensure compliance with legal standards.
Final Thoughts
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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