Like other tenants who occupy apartments and other leases, even nursing home residents and patients have rights in the case of eviction. It is unfortunate that many nursing home patients and residents, as well as their advocates, are not aware of the rights that they have to appeal and to fight an eviction. Certain rights are available to any nursing home resident. The New York Times reports on avenues that patients facing eviction may have before them to remain where they live.
- Before an eviction, discharge, or transfer, the facility must provide written notice to the patient, the long-term care ombudsman, and the patient’s designated representative.
- If the resident appeals the discharge, they may not be discharged while the appeal is being decided.
- If a patient is waiting to get Medicaid, they may not be discharged.
- If the reason for the discharge or transfer is because the facility can no longer meet the patient’s needs, they must provide proof of those needs as well as their attempts to meet those needs.
- For patients who are discharged to a hospital, nursing facilities must generally hold the bed for a week or two as provided by state law. If the hospital stay is longer, the facility must give any waiting Medicaid patient the next available bed.
- Nursing homes are required to post statements informing patients of their rights.
- Facilities are also required to post contact information to state agencies, advocacy groups, ombudsmen, and adult protective services.
These are just a few of the rights that protect the elderly and those residing in nursing homes from unlawful eviction.
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