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Nursing Home Illegal Evictions Come Under Scrutiny

Home » Nursing Home Illegal Evictions Come Under Scrutiny
December 14, 2019
Edward Smith

Nursing Home Illegal Evictions Come Under Scrutiny

Recently, a news article was published discussing how numerous nursing home residents across the country might be facing illegal evictions. Many families depend on nursing homes to provide compassionate care to their loved ones, particularly those who have medical conditions that cannot be managed at home. Unfortunately, nursing homes can also be expensive. Those who cannot afford to pay might find themselves dumped on the street (in some cases, literally). Some nursing homes might be evicting their residents in violation of state and federal laws. Nursing home illegal evictions might be on the rise.

Dependent on Insurance Coverage

Nursing homes are already expensive; however, when residents require complicated medical care, the bills can become astronomical. As a result, many families depend on insurance coverage, particularly from Medicare and Medicaid, to pay for their nursing homes. Unfortunately, this coverage is not universal and nursing homes are prone to placing their bottom lines ahead of their residents.

Reports published by regulatory agencies have indicated that nursing homes evict low-income residents with impunity. In the state of California, Medicaid reimbursement rates for a nursing home stay are just over $200 per day. On the other hand, Medicare will reimburse a nursing home more than $1,000 per day; however, there is a twist. This cash flow only lasts for 20 days. After this, the reimbursement rates drop and the residents must start paying part of the fees. This is when the evictions start to happen. Furthermore, nursing homes will often evict Medicaid residents to make more room for the higher-reimbursing Medicare families.

Illegal Discrimination

According to regulatory agencies, it is illegal for nursing homes to discriminate against their residents based on the source of payment. Sadly, according to authorities in the industry, this happens routinely. National ombudsmen, who fight for the rights of elderly and disabled nursing home residents, received more than 10,000 complaints in the year 2017 alone. This was an increase of more than 15 percent when compared to 2015. The vast majority of these complaints have to do with illegitimate discharges and transfers from nursing homes. According to the AARP, these complaints represent just a small percentage of the tremendous problem presented by premature nursing home discharges.

Addressing Nursing Home Illegal Evictions

Conditions under which a nursing home can evict a resident include:

  • If the resident has recovered enough to be discharged home
  • If the resident is a danger to others
  • If the facility is unable to provide competent medical care to address the individual’s healthcare needs
  • If the facility closes
  • If the resident has stopped paying and has not applied for either Medicaid or Medicare

Of note, nursing homes are required by federal law to provide a resident with an eviction notice 30 days prior to the point of departure. Furthermore, nursing homes must also assist the resident in developing a transition plan. Sadly, this rarely happens and residents are evicted with regularity. It is important for families to know their rights and to ask for help in fighting for them.

Personal Injury Attorneys in Sacramento

I’m Ed Smith, a Personal Injury Attorney in Sacramento. Elderly individuals need to be protected against nursing home illegal evictions. Should one of your relatives have problems at a nursing home due to the negligence of another person or entity, you are welcome to reach out to me by calling (916) 921-6400 or by using my toll-free line at (800) 404-5400 for free, friendly advice.

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