When our loved ones get older and are no longer able to care for themselves, we often turn to nursing homes to provide the care they need. Nursing homes are meant to help them live out the rest of their lives in a safe, but fun, environment. Out of respect for the elderly citizens of the US, the government-funded Medicaid program provides two-thirds of those in nursing homes with the financial means to receive care in nursing homes. These agencies require that nursing homes treat residents with dignity, respect, and provide them a high level of care.
Unfortunately, wealthy residents who can afford to pay are often more profitable than those benefiting from Medicaid. This financial incentive has led countless nursing homes to evict residents once they run out of money to pay out of pocket and switch to Medicaid in favor of acquiring new residents who pay more. Thankfully, this practice is not only wrong but Illegal per the Nursing Home Resident Protection Amendments of 1999 that protects residents from this practice. If your loved one is facing wrongful eviction, it may be time to retain legal counsel to help enforce the law and protect the rights of your loved ones.
Nursing Homes and Medicaid
Nursing homes are not legally required to partner with Medicaid, and they are free to limit their residents to those who pay out of pocket. However, if this is the case, they must inform each prospective resident both orally and in writing, and the nursing home must receive a signed document stating that the resident is aware of this fact.
In some cases, nursing homes may choose to stop partnering with Medicaid in an attempt to make more money from higher-paying patients. In such cases, however, they cannot legally use this as a reason to evict existing residents who benefited from Medicaid.
Legal Requirements For Evicting Nursing Home Residents
If a nursing home wants to evict or discharge a resident, exact legal requirements and procedures must be followed under both the Nursing Home Reform Act (NHRA) and the Nursing Home Resident Protection Amendments. The only legitimate grounds a nursing home has to discharge a resident are:
- When the resident poses a significant health or safety risk to the other residents
- When the resident has recovered enough that they no longer need nursing home services
- The nursing home shuts down
- The nursing home has not been paid for services rendered. This reason does not apply if the resident is currently waiting to get
- Medicaid and the facility did not provide notice that they don’t accept Medicaid
If a nursing home wants to discharge a resident, they must provide a thirty-day notice to the resident unless it is an emergency. Upon receipt of the notice, the resident has the right to:
- Appeal the notice if they feel the eviction is illegal or incorrect
- Provide a method for the residents to file complaints
- Provide a safe discharge from the nursing home
The Rights of Nursing Home Residents
Under the NHRA, nursing home residents are guaranteed rights that include:
- The right to privacy
- The right to be informed about their medical condition and any treatments
- The right to be treated with dignity and respect
- The right to make independent choices
- The right to adequate medical care
- The right to pharmaceutical and nutritional services
- The right to manage their money or do so through a proxy
- The right to refuse treatment
- Freedom from abuse and neglect
Evicting a resident unlawfully is a violation of several of their rights and a violation of both the NHRA and the Nursing Home Resident Protection Amendments. In some cases, the eviction could be in error and can be resolved with the staff of the nursing home. However, if routine communication and complaints aren’t effective, it may be time to hire a New Mexico nursing home abuse lawyer to help get the justice you need.
Why Choose Sorey & Hoover, LLP?
At Sorey & Hoover, LLP, we offer a high level of experience protecting the rights of nursing home residents, which has led to millions of dollars in compensation awarded to our clients. We have a unique understanding of all aspects of nursing home abuse: business, medical, and legal, and we use that understanding to bring the force of the law on those who abuse our loved ones. Our team of talented personal injury and medical malpractice attorneys have decades of experience and are seasoned veterans at defending victims in New Mexico. We take cases on a contingency fee basis, with no legal fees due unless we win your case. Call us today at (903) 230-5600 to schedule a free consultation.
