Can a Nursing Home Evict a Resident?

Nov 27, 2017

Can a Nursing Home Evict a Resident?

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There are many struggles associated with getting into a nursing home. These struggles range from qualifying for care to affordability. Once a senior is finally accepted into long-term care, it often feels like a huge weight has been lifted. However, at this point many might wonder if future challenges lie ahead. For example, can a nursing home evict a resident? Once the dotted line is signed and someone becomes an official resident of long-term care, how permanent is the move? 

There’s a short answer and then there is a longer, more complicated answer to the question: can a nursing home evict a resident. The simple answer is yes, a resident can be evicted from a nursing home. However, there has to be a pretty good reason to do so, since it doesn’t look good for the nursing home from a business standpoint. It is critical that seniors going into long-term care are familiar with their rights and what a nursing home can and cannot do once you move in. Let’s delve into the details and scenarios of how and why a nursing home might evict a resident.

On What Grounds Can a Nursing Home Evict a Resident? 

There are a variety of reasons that a nursing home might choose to transfer or discharge a resident from its care. No matter the reason, this can place a lot of burden on the resident’s family members who are left to scramble for an alternative plan. This is why it’s good to do research ahead of time and know all of the things that could put your livelihood as a long-term care resident in jeopardy. Here are five reasons why a nursing home might evict a resident. 

  1. The first reason a resident may be evicted from a nursing home is if the medical care that the resident requires is beyond the ability of the nursing home. Staffing should never play a factor in this, so in this situation it’s most likely that someone somewhere made a mistake in the placement process or in evaluating the health status of the resident. To avoid an eviction based on this, it’s important to get a second opinion and make sure which long-term care situation is best suited for the person in question.
  2. A convenient and less stressful reason that a resident could be evicted from a nursing home is if it is found that they no longer require nursing home care.
  3. The third reason that a nursing home might evict a resident is if the resident’s behavior is causing other residents in the nursing home to feel unsafe. Sometimes if someone is violent or begins to lash out, this can lead to them being evicted from long-term care.
  4. Let’s not forget about money. If someone reaches a point where they are unable to pay for long-term care, this can be grounds for eviction. The resident has to have not paid for at least 15 days in order to be evicted.
  5. The final reason that a resident might be evicted from a nursing home is of course if the nursing home closes. In this situation, the resident will most likely have to be transferred somewhere else.

The next question is, what should a resident do if it they are evicted from a nursing home?

How to Handle a Nursing Home Eviction Notice

There are several things residents can do if they receive an eviction notice from their nursing home. Once a resident receives an eviction notice, which should typically come 30 or 60 days ahead of the eviction date, here are some things to keep in mind.

First, make sure that the information in the notice includes the reason for the transfer or discharge, the proposed transfer or discharge date, a location where the resident will be moved to (if it’s a transfer) and the fact that you have the right to request a hearing to contest it. The eviction notice should also include what procedures a resident should follow in order to get a hearing as well as information such as the right to legal counsel. If a resident wants to file an appeal against an eviction notice, they should do so as quickly as possible. It’s best practice to appeal an eviction within 20 days of receiving the notice.

If you or someone you know has been evicted from a nursing home, seek legal advice immediately. And, if you or someone you know is looking for secure long-term care options, start your search here on SeniorCaring.com.

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