While they no longer have to accept new Medicaid-funded residents, they can't expel current residents. The 1999 Amendments to the Protection of Nursing Home Residents (NHRPA) prohibit the involuntary transfer or discharge of a patient when a nursing home stops accepting residents funded by Medicaid. For people who are in the situation of being illegally discharged from a nursing home, it can be very useful to contact an attorney who specializes in the law of the elderly. Unfortunately, when a resident is evicted from a nursing home, they become homeless, lose care, and become separated from the family support system.
While a nursing home may evict a resident for non-payment, management must follow the process prescribed by law. According to state programs of the Ombudsman for Long-Term Care (LTCOP), one of the five main complaints they receive is inadequate discharge planning or improper evictions from nursing home facilities. If you have been in a nursing home for more than a month, you should receive the notice at least 30 days before you have to leave. If so, apply for Medicaid for nursing homes right away and, if not, consult a professional Medicaid planner to help you meet Medicaid criteria. This law requires nursing homes to provide certain services to their residents and outlines the standards that these services must meet.
The nursing home must move or discharge the resident in a safe and orderly manner, as well as properly inform the patient about its readmission policy. You may feel that you still need care in a nursing home or you may be worried that the place where the nursing home wants to send you will not meet your needs. To file this appeal, contact the nursing home directly and ask to speak with an administrator. Under the 1999 Nursing Home Resident Protection Amendments, it is illegal to unintentionally move or discharge a patient when a nursing home stops admitting residents funded by Medicaid. If your loved one is illegally evicted from a nursing home, it is recommended that you seek legal advice immediately.
Medicaid for nursing homes, also called institutional Medicaid, is a benefit program in all 50 states and the District of Columbia. There is an exception, and that is if the nursing home does not accept Medicaid as a form of payment. Medicare, the federal health insurance for people 65 and older, will cover short-term skilled nursing care (up to 100 days) in Medicare-approved (certified) nursing homes. The Nursing Home Reform Act (NHRA) of 1987 established federal guidelines to protect the rights and safety of nursing home residents, including protection against illegal evictions and transfers.
A person who has applied for Medicaid and is waiting for approval cannot be expelled from a nursing home. However, a nursing home may claim that it cannot meet the needs of a resident, but it actually has the capacity to meet their needs.
