Get Out Of Here!

Evictions of nursing home residents are on the rise according to a recent article in the Wall Street Journal. As many nursing homes face budget cuts, they are seeking to reduce the number of Medicaid residents in favor of higher paying Medicare or self-pay residents that pay the facility a substantially higher daily rate.  Under federal law, nursing homes can only involuntarily discharge patients for the following reasons:

  1. If the resident is well enough to go home.discharge
  2. Discharge the resident for care only available elsewhere.
  3. Danger to the safety of other residents.
  4. Danger to the health of other residents.
  5. Failing to pay bills.
  6. If the facility shuts down.

Most states provide little guidance for nursing home residents facing eviction.  Moreover, there is little guidance for what procedure residents can take to contest their evictions.  Even if a person can persuade the nursing home to continue to let them remain at the facility, it is probably not a good enviornment for the person to remain.  Think about it, would you really want to live in a place where it is obvious you are not wanted?  Will you really be receiving the most attentive care?  Is the staff really going to look out for your best interest.

If you are faced with eviction from your current facility it is best to contact your state ombudsman.

Justia Lawyer Rating for Jonathan Rosenfeld

Client Reviews

★★★★★
Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial. Lisa
★★★★★
After I read Jonathan’s Nursing Home Blog, I decided to hire him to look into my wife’s treatment at a local nursing home. Jonathan did a great job explaining the process and the laws that apply to nursing homes. I immediately felt at ease and was glad to have him on my side. Though the lawsuit process was at times frustrating, Jonathan reassured me, particularly at my deposition. I really felt like Jonathan cared about my wife’s best interests, and I think that came across to the lawyers for the nursing home. Eric