Don't Let Your Loved One Be Evicted! Discover How to Protect Their Rights in a Nursing Home
Is your loved one in a nursing home in the District of Columbia, Maryland, or Virginia and facing the threat of eviction? Facing that threat can be an incredibly stressful and confusing experience. With nursing facilities often overburdened by staffing shortages and the rising demand for long-term care, they sometimes resort to evicting residents for improper reasons. This leaves many families, like yours, feeling uncertain about their loved one’s rights and unsure of how to respond.
Is this the situation you’re facing with your loved one?
- Misinterpreted Behavior: Has the facility claimed your parent is a danger to others and threatened eviction, when in reality, it’s a misinterpretation of their dementia symptoms?
- Alleged Nonpayment: Are you distressed because your spouse received an eviction notice due to alleged nonpayment, even though their Medicaid application is still pending?
- Unmet Needs: Are you dealing with a facility asserting it can no longer meet your loved one’s needs, despite no significant change in their condition?
These scenarios highlight the urgent need for clear guidance and legal support.
It’s important to know that there are specific federal laws designed to protect your loved one from unjust evictions. Nursing homes can only evict residents for six valid reasons, such as nonpayment or endangering the safety of others. However, some facilities misuse these reasons to wrongfully discharge residents. The eviction process requires proper notice and an opportunity for appeal, which you may not have been fully informed about.
6 Reasons Federal Law Allows for Nursing Home Eviction
Nursing facilities attempting to evict a resident must give written notice, in plain language, at least 30 days before the eviction date to the resident and their advocate. The notice must state one of six valid reasons for the eviction:
- The resident has failed to pay.
- The resident doesn’t need nursing facility care anymore.
- The nursing facility cannot meet the resident’s needs.
- The resident endangers the safety of others in the nursing home.
- The resident endangers the health of others in the nursing home.
- The nursing facility is permanently closing.
Notice Requirements for Resident Transfer
When notifying a resident about a transfer or discharge, the following information must be included:
- Reason for Transfer: Clearly state the specific reason why the resident is being transferred or discharged, ensuring transparency and understanding.
- Effective Date of Transfer: Provide the exact date when the transfer or discharge will take place, allowing the resident and their family to prepare accordingly.
- Location for Transfer: Specify the new location to which the resident will be moved, ensuring the resident and their family know where the resident will be going.
- Statement of Appeal Rights & Assistance: Inform the resident of their right to appeal the transfer or discharge decision, and provide information on how to obtain the necessary forms and assistance for filing an appeal.
- Contact Information for Ombudsman: Include the name, address, and phone number of the local Long-Term Care Ombudsman, who can offer advocacy and support.
- Agency for Persons with Disabilities: Provide the contact information for the agency responsible for protecting individuals with disabilities, ensuring they have access to additional support and resources.
- Agency for Mental Health Disorders: Include contact information for agencies that protect and advocate for persons with mental health disorders, ensuring appropriate support is available.
Additionally, if any of this information changes before the effective date of the transfer, the facility must update the notice to reflect the new information, keeping the resident and their family informed with the most current details.
Challenging a Nursing Home Eviction
If your loved one receives an eviction notice, don’t panic. Your loved one can remain in the facility while you request an appeal at a transfer or discharge hearing from the appropriate state agency. Seeking guidance from available resources and understanding the appeal process can help you effectively advocate for your loved one’s rights during this challenging time.
The Nursing Home Claims It Can’t Meet the Resident’s Needs Based on Your or Other Family Member’s Complaints
- Explanation: The nursing home might argue that they are unable to meet the resident’s needs due to complaints from the family. However, it’s essential to determine whether the facility genuinely lacks the capability to provide the necessary care or if the complaints are being used as a pretext to justify eviction. The facility has a responsibility to make reasonable accommodations and provide adequate care unless it can demonstrate a legitimate inability to meet specific needs.
- Legitimacy for Appeal: If the resident’s needs have not changed significantly or if the nursing home has not made adequate efforts to address the complaints constructively, this can be grounds for appeal. The appeal can argue that the nursing home has not fulfilled its duty to provide appropriate care as required by law.
The Facility Claims the Resident Refuses Health Care
- Explanation: Residents have the right to make decisions about his or her own health care, including the right to refuse treatment. A nursing home may claim that a resident’s refusal to accept specific medical treatments justifies eviction.
- Legitimacy for Appeal: An appeal can argue that the resident’s right to refuse treatment should be respected and that refusal alone does not constitute a valid reason for eviction. The facility should engage in dialogue with the resident and their family to find acceptable alternatives rather than resorting to eviction.
The Resident May No Longer Qualify for Medicaid
- Explanation: If a resident loses Medicaid eligibility, the nursing home may attempt to evict them due to nonpayment.
- Legitimacy for Appeal: If Medicaid eligibility is still under review or if there is a pending application, eviction on these grounds can be challenged. An appeal can argue that the facility should wait for the final determination of Medicaid status before proceeding with eviction.
The Nursing Home Says the Resident Broke the Facility Rules
- Explanation: Nursing homes have rules to ensure safety and order. However, sometimes these rules can be applied too rigidly or punitively.
- Legitimacy for Appeal: An appeal can be based on whether the rule allegedly broken by the resident justifies eviction. It can also argue whether the facility provided reasonable accommodations or interventions before deciding on eviction. The severity and context of the rule violation should be considered.
The Facility Claims Nonpayment While a Medicaid Application Is Pending
- Explanation: If a resident’s Medicaid application is pending, the facility may claim nonpayment as a reason for eviction.
- Legitimacy for Appeal: An appeal can argue that it is inappropriate to evict a resident while their Medicaid application is still pending. The facility should allow the resident to remain until a final decision on the application is made, as evicting them prematurely can lead to significant hardship.
The Facility Says the Resident Is a Danger to Others
- Explanation: The safety of all residents is a priority in nursing homes. A facility may claim that a resident poses a danger to others to justify eviction.
- Legitimacy for Appeal: An appeal can challenge whether the resident truly poses a danger and if the facility has taken all possible steps to mitigate this risk. It can argue for alternative solutions such as increased supervision or behavioral interventions instead of eviction.
Appeal Hearings and Other Actions
Transfer and/or discharge appeal hearings can take a week or two to schedule. In the meantime, you can communicate with the nursing home staff, administrator, or director on your loved one’s behalf to request a bed hold or declare the intention to return under federal and state laws.
The nursing home may push back, so enlisting the help of a long-term care ombudsman could be another next step.
If the facility still isn’t cooperative, you may pursue other options, such as:
- Filing a complaint with the inspection agency.
- Filing a transfer or discharge appeal for an administrative hearing.
- Requesting immediate relief from the state court.
If you feel pressure from the hospital to leave right away and don’t know where to go, do not accept a transfer to another facility if you are not comfortable with this option.
Transfer and/or discharge appeal hearings take a week or two to schedule. If you can’t afford to wait for an administrative hearing decision, you might take the issue to an inspection agency.
Requirements of a “Safe Discharge” or “Orderly Discharge”
Even if discharge criteria have been met under the law, a plan for safe discharge must be followed. This plan ensures that the discharge is to a facility or location that provides adequate care for the resident. Ensuring a safe discharge plan is essential to maintaining the well-being and health of your loved one.
Safe Discharge:
- Comprehensive Assessment: Conduct a thorough evaluation of the resident’s physical, mental, and emotional health to ensure that the new environment can adequately meet their needs.
- Discharge Plan: Develop a detailed discharge plan that includes information about the resident’s medical needs, medications, treatments, and any special care instructions.
- Coordination with Receiving Facility: Ensure effective communication and coordination with the receiving facility to confirm they are prepared to accommodate the resident’s needs and have received all necessary medical records and care instructions.
- Transportation Arrangements: Arrange safe and appropriate transportation for the resident to the new location, considering any mobility or health issues that may require special accommodations.
- Family and Resident Involvement: Involve the resident and their family in the discharge planning process to ensure their preferences and concerns are addressed, and they are informed about the discharge plan and what to expect.
- Follow-Up Care: Ensure that follow-up care is arranged, including appointments with healthcare providers, and that the resident and family are aware of these appointments and the importance of attending them.
Cost-Benefit of Appeal Versus Voluntary Transfer
When deciding whether to appeal an eviction or voluntarily transfer your loved one to another nursing home, it’s essential to weigh the costs and benefits. The appeal process can be time-consuming and stressful, but it may be necessary to ensure your loved one’s rights are upheld.
On the other hand, consider whether you want your loved one to remain in a facility where they are always being scrutinized. In such cases, you still have the right to insist that the nursing home help and give you a reasonable amount of time to find another suitable facility for your loved one.
Our Local Long-Term Care Ombudsman
DC Long-Term Care Ombudsman
If you or your loved one in Washington, DC, is facing issues related to nursing home evictions, you can reach out to the DC Long-Term Care Ombudsman for assistance.
The DC Long-Term Care Ombudsman program, managed by Legal Counsel for the Elderly, advocates for residents of nursing homes and assisted living facilities. It investigates complaints, resolves issues, and ensures residents’ rights are protected. Services are confidential and free, aimed at improving the quality of life for long-term care residents. For more detailed information, you can visit the AARP page on the DC Long-Term Care Ombudsman.
Maryland Long-Term Care Ombudsman
If you or your loved one in Maryland is facing issues related to nursing home evictions, you can reach out to the Maryland Long-Term Care Ombudsman for assistance. The Ombudsman program provides advocacy for residents in nursing homes and assisted living facilities, ensuring their rights are protected and offering guidance on navigating eviction issues.
You can find out more information including the Ombudsman for a particular county here.
Virginia Long-Term Care Ombudsman
Similarly you can get more information about Virginia here.
Understanding Recent Legislative Reforms
COVID-19 showed the country how desperately the nursing home facility environment needs reform. Legislation now requires:
- Every nursing home provides sufficient staff who are adequately trained to provide high-quality care. In 2024, each nursing facility must have a minimum staff to provide each resident with .55 hours of RN care and 2.45 hours of nursing aide care every day.
- Poorly performing nursing homes to be held accountable for improper and unsafe care and immediately improve their services or be cut off from funding and incur steeper penalties. A new database will track and identify owners and operators with known health and safety issues.
- Better information for the public about nursing home conditions so they can find the best available options.
We Can Help You Fight Nursing Home Evictions and Ensure a Safe Discharge
Are you or a loved one facing a nursing home eviction? We understand how overwhelming and frightening this situation can be. As experienced elder law attorneys, we are here to help you navigate this challenging time with confidence and security.
Don’t Face This Alone – Let Us Be Your Advocate
Nursing home evictions can happen for many reasons, but often they are unjust or mishandled. If you’ve received an eviction notice, don’t panic. You have rights, and we are here to protect them.
Here’s How We Can Help:
- Fight the Eviction:
- We will thoroughly review your case and help you understand your rights.
- We can file an appeal on your behalf and represent you during hearings, ensuring your voice is heard and your rights are upheld.
- We will negotiate with nursing home staff and administrators to seek a fair resolution.
- Ensure a Safe and Orderly Discharge:
- If staying in the nursing home is not possible, we will ensure your discharge is handled safely and orderly.
- We will develop a comprehensive discharge plan that addresses all your medical and personal needs.
- We will coordinate with new care facilities to ensure they are fully prepared to meet your requirements.
- We will make sure all necessary paperwork and documentation are in place to avoid any disruptions in your care.
Why Choose Us?
- Expertise and Experience: We specialize in elder law and have a deep understanding of the complexities involved in nursing home evictions and discharges.
- Personalized Support: We provide compassionate, personalized support tailored to your unique situation.
- Strong Advocacy: We are dedicated advocates who will fight tirelessly to protect your rights and well-being.
Take Action Today
If you or a loved one is facing a nursing home eviction or needs assistance with a safe discharge, contact us immediately. The sooner we start, the better we can protect your rights and ensure a smooth transition.
Contact Us Now for a Consultation
Let us be your advocate and guide you through this difficult time with care and expertise.
You Don’t Have to Face This Alone – We’re Here to Help!