42 U.S. Code § 1395i–3There are only six reasons that a nursing home can legally evict / transfer a nursing home resident. They are as follows:
1) The needs of the resident are greater than the facility is able to provide, and a transfer / discharge is necessary for the resident’s well-being. Note that as part of a nursing home admission, an assessment of the individual’s needs is completed. Therefore, it should be unusual for a nursing home to turn around and say they are unable to meet one’s needs after admission. Furthermore, nursing homes are required by law to adjust their staffing as needed to ensure the best individualized care as possible.
2) The resident is not paying for nursing home care after “reasonable and appropriate notice” and has not applied for Medicare or Medicaid. There is no national standard as to what is considered “reasonable and appropriate notice”. Instead, this is state specific. As long as a resident has a pending application for Medicaid, they cannot be forced to leave. The one exception is if the nursing home residence does not accept Medicaid as payment.
3) The resident has regained their health to the point where nursing home services are no longer necessary.
4) The resident’s presence in the nursing home jeopardizes the health of other residents.
5) The resident’s presence in the nursing home jeopardizes the safety of other residents.
6) The nursing home facility closes.
When a facility is discharging a resident, there are certain procedures that must be followed.
1)The nursing home facility must provide a written notice of discharge to the resident and their family or legal guardian / representative. The written notice must include the following information:
-The reason for discharge.
-To where (the location) the resident will be discharged.
-The right and instructions to appeal and contact information of the long-term care ombudsman in one’s area.
2)The written notice must be received a minimum of 30 days (but may be up to 60 days) prior to the discharge date. The only exception is in the case of an emergency.
3) A summary of the resident’s physical and mental status must be prepared.
4)A discharge plan must be written up by the nursing home. Via this plan, the nursing home must make certain the nursing home resident has a place in which to move (near family and loved ones, if possible), and summarize the care and / or services the individual will receive following discharge.
