Nursing Home Evictions

home iconIt is common knowledge that planning for your future medical needs is an essential step to make sure that you have a firm financial future. Medical care can be very expensive, even when the costs are anticipated. Planning for your nursing home care may not be the most exciting part of planning for your medical future, but financially, it is very important. Nursing homes can be as expensive as $8,000 a month or more. Medicare will only cover very short stays and private health insurance typically does not cover these stays unless it is a specific policy built to cover nursing home care. This is why estate planning designed to anticipate your nursing home needs is so important. That said, once seniors are settled into a nursing home, there can be other road blocks and bumps other than just making sure that your care is covered.

nurse helping elderly woman in a wheelchair

Nursing home evictions are a situation that can cause great distress and difficulty for the elderly who are in their care. Unfortunately, it has been shown that nursing home evictions are on the rise, and that they have doubled in the last ten years. However, it is possible that the numbers are even higher, as not all people who have been evicted will later file a complaint with the proper state entity. Federal law does provide protection for nursing home residents. According to federal law, a person may only be involuntarily evicted from a nursing home for the following reasons: 1) if the patient is healthy enough that he or she no longer requires nursing home care and can return home, 2) if the patient requires care that the facility does not provide 3) if the patient’s behavior endangers the health and safety of others, including nursing home staff, 4) if the resident cannot or does not pay the bill, and 5) if the nursing home closes. In addition, a resident has the right to notice of the eviction, unless there are emergency circumstances. In other words, the nursing home cannot simply eject a resident immediately without an emergent situation. Of note is that assisted living has different rules than nursing homes, but residents of assisted living also cannot be kicked out of their home summarily and the provider must go through the eviction process through the court to have the resident removed.

Call us today at (651) 371-9117 if you have a question about nursing home evictions. We can help you with your situation and your goals