Some nursing homes go a step further by kicking out residents early to avoid financial risks. This would include kicking out lower paying Medicaid residents to replace them with higher paying Medicaid residents.  

     In some cases nursing homes will discharge a resident prematurely if they suspect that they cannot pay for their stay. Medicare only covers 20 days of care at a nursing home, After that the residents are responsible for co-payments. A 2019 study in the journal of American Medical association Internal Medicine found that nursing homes will more often discharge patients on the final day of full coverage rather than before or after. This pints to some nursing homes prioritizing financial considerations over resident care. 

     “Hospital dumping” is where individuals returning from hospital may find that their bed has been lost from their possession and acquired by another resident. That is another illegal practice. According to the American Council on Aging. State laws require that nursing homes hold beds open for residents for one-two weeks before giving it up. Residents on Medicaid are also eligible for Medicaid certified beds.

     Other nursing homes may attempt to remove residents that could be seen as challenging or disruptive. This includes medical issues such as dementia. These facilities often claim they cannot meet these residents needs but this is often not the case as their services already determine that they can.

Residents and Nursing homes

     Residents may feel hesitant to let their concerns be known and may not know their rights under federal law. They could be pressured into getting discharged, even when they are not ready to go home.

     If your loved one is facing a nursing home excision make sure they follow the law. Here are just few rules they must abide by:

• Residents can appeal a release. They will remain in the nursing home while doing so unless they are a threat to the other residents health or safety.
• The national nonprofit Justice in Aging provides resources on dealing with nursing home problems.
• Any nursing home that can no longer provide for a nursing home needs must document why they cannot assist them. Nursing homes must tell the residents why they are being discharged and provide these reasons in writing. Residents can request an explanation of the discharge. 
• Nursing homes must provide a 30-day notice of discharge. Residents do not need to leave immediately. 
• A long-term care ombudsman is an official who advocates for people in nursing homes. You can contact your ombudsman through the Department of Aging in your state for assistance with nursing home evictions.

The best way to protect yourself is to consult with your local elder law attorney. They will make sure that you have the best plan for your and your family’s future.