Can a Nursing Home Kick You Out for Non-Payment?

Tuesday, March 5, 2024

Can a Nursing Home Kick You Out for Non-Payment?

Written by Malman Law, reviewed by Steve J. Malman.

The common complaints that States’ Long-Term Care Ombudsman Programs (LTCOP) receive include home evictions, transfers, or involuntary discharges. Interestingly, LTCOP attempted to resolve 14,000 related to improper evictions and inadequate discharge planning from nursing home facilities.

Unfortunately, when a resident is kicked out of a nursing home, it leads to homelessness, loss of care, and separation from the family support system. While a nursing home can evict a resident for non-payment, the administration must follow the prescribed process by law.

The law requires nursing homes to provide the resident’s family or legal representation a written notice of discharge 30-60 days before the discharge date.

If your loved one has been kicked out without sufficient notice, consider speaking to a trusted nursing home attorney about your legal options.

Common Reasons for Illegal Nursing Home Discharge

End of Medicare Coverage

The end of your medicare coverage is not a sufficient reason for involuntary nursing home discharge. By law, the nursing home should give a resident a reasonable amount of time to find another payment source, such as Medicaid or private pay.

In most cases, a nursing home resident not ready for discharge after the end of Medicare applies for Nursing Home Medicaid. A nursing home should not evict a resident for non-payment if the Medicaid application is pending.

Similarly, the nursing home should not kick out the resident if the application is denied and the appeal is underway.

Private Pay Resident No Longer Has The Funds

If private pay residents have exhausted their funds, they should be given reasonable notice to find an alternative. In most cases, a senior applies for Medicaid if they no longer have the funds to pay for the services.

Nursing Home No Longer Accepts Medicaid

According to the Nursing Home Resident Protection Amendments of 1999, it is illegal to involuntarily transfer or discharge a patient when a nursing home withdraws from admitting Medicaid-funded residents.

While they can stop accepting new Medicaid-funded residents, they cannot discharge active residents.

No Bed Available After Hospitalization

The situation is commonly known as ‘hospital dumping.’ Once a resident is admitted to a nursing home, the administration can claim that there is no available bed at discharge.

Upon hospitalization, a nursing home should hold the resident’s bed for a week or two.

Assessing the Nursing Home Decision

If your loved one is kicked out of a nursing home illegally, it is recommended to seek legal advice immediately. A nursing home attorney can diligently investigate the case and take immediate steps to protect the rights of your loved ones.

Speak to a Nursing Home Attorney to Defend Your Rights

Getting kicked out without notice can affect the health of your loved ones and distort your finances. Even so, you can protect your rights by appealing or suing the nursing home for unlawful eviction.

Consider speaking to an experienced attorney from Malman Law to enhance the chances of a fair outcome.

Contact us online or at (800) 800-0000 for a free case evaluation.