According to data from the Long-Term Care Ombudsman Program, these instances are on the rise. In fact, nursing home evictions increased 57 percent since 2000, reaching a peak in 2014. That year, over 11,300 issues were reported.
Nursing homes and advocates for the disabled and elderly are going back and forth on the issue. As the article reports, homes often justify their discharges by claiming these residents can’t be kept safe and endanger others. They state that their care plan doesn’t match the individual’s needs or they’re simply following proper eviction protocol.
By contrast, advocates claim evictions violate federal laws. Specifically, the Nursing Home Reform Act of 1987 states that Medicaid recipients’ beds must be held for at least a week, but from that point on, homes won’t allow residents to return. In addition, they tell them Post that homes broaden the reasons for discharging patients or will use it as a retaliation method for difficult patients or demanding families.
Additionally, data shows that patients on Medicaid or with financial challenges tend to be evicted the most. As the article points out, homes receive a higher reimbursement rate for private-pay residents and short-term rehabilitation patients.
Patients have also taken homes to court, but winning a case doesn’t guarantee the facility will take them back.
A lack of care is only one form of neglect that patients may face while in a home. If you suspect your loved one is in such a situation, Trantolo & Trantolo is here to help. To present your claim, contact any of our nursing home attorneys today.
