Nursing home eviction, commonly referred to as involuntary discharge, has increased in recent years. There is a commonly held belief by lawyers who work every day with families of nursing home residents that the tightening Medicaid payments incentivize nursing homes to “dump” nursing home residents soon after their 100 days of Medicare rehabilitation payments end.
Medicare reimburses nursing homes at a higher rate than Medicaid, making brand new nursing home residents just transferred from a hospital with a fresh 100 days of Medicare reimbursement more attractive prospects than long-term residents that have been in a nursing home longer than 100 days but don’t have the ability to privately pay their $6,000 to $10,000 per month bill.
A recent national public radio syndicated show highlighted the American Association of Retired Persons (AARP) defense of a California case of illegal nursing home eviction.
Nebraska law states nursing home residents have the right to “be free from arbitrary transfer or discharge.” Nebraska Administrative Code 175 NAC §12-006.05(5)
The entire regulation states:
(5) The resident must be informed at the time of admission that he or she may be transferred or discharged only upon the following terms:
“A health care facility or health care service shall not discriminate or retaliate against a person residing in, served by, or employed at the facility or service who has initiated or participated in any proceeding authorized by the Health Care Facility Licensure Act or who has presented a complaint or provided information to the administrator of the facility or service, the Department of Health and Human Services, the Department of Health and Human Services Finance and Support, or the Department of Health and Human Services Regulation and Licensure. Such person may maintain an action for any type of relief, including injunctive and declaratory relief, permitted by law.”
Stop Nursing Home Neglect and Abuse
Nursing home residents and their families cannot allow neglect or abuse to continue. All instances of neglect or abuse must be immediately reported to the correct Nebraska authorities. Steps must be taken to protect all residents from further harm. If your loved one has been harmed because of neglect or abuse in a nursing home or has been improperly evicted, contact trial lawyer Rich Hitz to learn your options.