With a large number of the American population starting to reach old age, the need for quality nursing homes is continuing to rise. While many nursing homes have been found to provide negligent or even abusive care, some are now requesting residents to leave. According to a recent report, the number of nursing home residents being ejected from facilities is on the rise. Although residents may be legally removed from such residences, federal law limits the circumstances under which this may occur.
Reasons for Evictions
Federal law allows nursing home and care facility evictions only for certain reasons including:
*Resident Fails to Pay *Facility Closes *Resident is a Risk to Others *Resident Does Not Require Services Any Longer *Facility Can No Longer Meet the Resident’s Needs
Additionally, nursing homes are required to reserve a number of beds for those who are patients of Medicaid and require less than a week of care. Nursing home management may be quicker to try to remove residents who repeatedly challenge the level of care they are receiving.
Complaints of Evictions
The number of consumer complaints for unlawful nursing home evictions has been rising. According to the Long-Term Care Ombudsman Program, the number of grievances filed for such evictions increased more than 55% between 2000 and 2014. Many of these complaints are for evictions that were allegedly not done according to the law. In some instances, residents were evicted after family members complained of possible neglect or abuse. Sometimes, the resident lived at the facility but was admitted to the hospital for a medical condition. Upon discharge, the nursing home refused to take the person back.
When an eviction occurs that does not comply with federal law, the resident can appeal. However, it has been noted that even when the resident wins the appeal, sometimes nursing homes still fail to obey the rulings. An appeal may take some time, during which the patient is in limbo. When a nursing home fails to abide by a ruling, they should be reported to the authorities. A skilled attorney will assist you in resolving eviction matters, including the failure to follow the law.
Resolving Nursing Home Disputes
Nursing homes are required to provide proper care for all residents. When a family complains about the treatment of a resident, the facility does not have the right to evict that person. Facilities may be trying to avoid charges of neglect by removing those who are reporting problems. If a dispute arises, it may be difficult for families to resolve the problem without legal assistance. In the meantime, patients may have to remain in hospitals, where care is much more expensive.
Nursing Home Neglect and Abuse
Nursing home residents and their families cannot allow neglect or abuse to continue, regardless of the threats of the facility. All instances of neglect or abuse must be immediately reported and steps must be taken to protect the resident from further harm. It is important to ensure that proper medical attention is provided to diagnose and treat the problem immediately. Then, the situation must be evaluated to determine the cause of the situation and how to resolve it. If your loved one has been harmed because of neglect or abuse in a nursing home, or has been improperly evicted, contact the experienced legal team at Levin & Perconti to learn your options.
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