Addressing Nursing Home Evictions
The possibility of an involuntary transfer or discharge from a nursing
home can be traumatic, disruptive, and stressful for both the resident
and their family. Nursing homes are generally prohibited from transferring
or discharging residents involuntarily. However, there are a few instances
in which the facility may transfer or discharge a resident.
A resident may not be transferred or removed unless the transfer or discharge
is necessary for a resident's welfare. Further, a resident may not
be transferred or discharged unless the transfer is only for medical reasons.
In other words, the facility simply cannot provide the medical care the
resident needs. Transfer or discharge is also prohibited unless it is
necessary to preserve the welfare of other residents in the facility.
Finally, transfer or discharge is prohibited unless the resident fails
to pay to stay at the facility (or have arranged payment through
Medicaid or Medicare).
What Needs to Be Done During an Eviction?
When a facility transfers or discharges a resident, it is required to document
the resident's clinical record. Further, if a resident is being transferred
or discharged based on the welfare of the resident or other residents,
or based on medical reasons, the facility must provide assessment and
reasonable intervention prior to transfer or discharge.
The facility must typically provide 30 days' written notice prior to
an involuntary transfer or discharge, unless there is an emergency involving
the health and safety of other residents or the resident's urgent
medical needs. In emergency situations, facilities are permitted to transfer
or discharge the resident as soon as practicable.
to learn more about how we can help you with your nursing home abuse matter.