Can a Nursing Home Kick You Out For Non Payment?

Can a Nursing Home Kick You Out For Non Payment?

When getting someone admitted to a nursing home, it is important to understand the rules and know the rights of the nursing home resident. Knowing a nursing home can kick a resident out for non-payment helps with planning and being aware of the precautions to take in the event this happens.

Nursing homes are entitled to some rights too, and one cannot simply live there without observing the rules such as making timely payments.

While there are insurances such as Medicaid and Medicare, they mostly cover the cost of living in a nursing home partially. This means that you must have an additional plan to take care of the rest of the costs.

In this article, we discuss whether a nursing home can kick a resident out for non-payment, and what to do in the event this happens.

Can a Home Kick You Out For Non-Payment?

Unless it is a charity organization, a nursing home can kick a resident out for non-payment. Nursing homes incur expenses to keep the residents fed, taken care of, and comfortable. They cannot run without the monthly payments made by the residents.

Nursing homes do not have a duty to take in residents who have no way of paying for their services. However, there is a legal procedure for discharging a resident who is unable to pay for the facility.

Other Circumstances That Can Get Nursing Home Residents Kicked Out

Apart from being unable to pay for the services offered in the nursing home, other circumstances can get a resident discharged from a nursing home unwillingly. These includes:

  • When the nursing home can no longer meet the needs of a resident, especially medical needs
  • If the nursing home has to close down
  • When the nursing home resident has made a full recovery and no longer needs the services at the nursing home
  • If the nursing home resident’s stay is a risk to the safety of the other nursing home residents
  • If the nursing home resident’s stay is a risk to the health of other nursing home residents
  • In case your loved one falls into the above conditions or is unable to pay for the services offered by the nursing home, they can be evicted.

Rules a Nursing Home Should Follow When Discharging a Resident

While nursing homes have the right to involuntarily discharge a resident under certain circumstances, this should not be done unceremoniously. There are certain regulations that the nursing home should follow before discharging a resident involuntarily. These are:

A Written Discharge Notice

This is the basic rule the nursing home should follow when evicting a resident. This must follow if one of the events in the legal reasons for discharging a nursing home resident happens.

Components Of The Written Discharge Notice

  • Discharge reason
  • The new location of the resident after discharge
  • Instructions for appeal

The written discharge notice should be issued to the concerned party 30 days before the discharge date.

The nursing home should also prepare a medical report of the nursing home resident as well as possible alternatives where the nursing home resident can stay.

What To Do When a Loved One Has Been Evicted From a Nursing Home

If you believe that your loved one is being unfairly discharged from the nursing home, or the nursing home has no valid reason to discharge your loved one, you can appeal. The written discharge notice has the instructions and contacts for when you want to appeal.

You can also try and get your loved one’s nursing home payments on track if they are being evicted for non-payment. This involves trying to get financial aid to cover the extra costs that the insurance does not cover.

In case you have run out of solutions, you can visit an elder law attorney to provide professional legal guidance and advice concerning your situation

FAQs

What Is Needed To Discharge a Nursing Home Resident?

A nursing home needs to write a discharge notice 30 days before the discharge date. This comes after the resident no longer needs the nursing home services if they cannot make payments, if they endanger the safety or health of other nursing home residents, if the nursing home can no longer take care of the resident’s needs or if the nursing home closes down.

Can a Dementia Patient Be Kicked Out Of a Nursing Home?

A dementia patient can be discharged involuntarily from a nursing home. However, a nursing home has to follow the legal procedure when issuing a written discharge notice. They cannot simply kick the resident out without following any procedure.

Can You Put Someone In a Nursing Home Against Their Will?

If that person is of sound mind and they can make their own decision, they have to be the one to decide to be in a nursing home. The only way you can get someone into a nursing home against their will is if you acquire guardianship.

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