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How to Challenge a Nursing Home Eviction Notice

Garcia & Artigliere

When residents get evicted from nursing homes, they may have nowhere else to go. The result can be tragic. But why would nursing homes discharge patients against their will? Often, the motive is money.

eviction noticeMany Nursing Home Evictions Are Illegal

Federal law protects nursing home residents in many ways, one of them being that nursing homes can only discharge residents for certain reasons. However, many nursing homes will try to work around the system. They will evict residents for reasons that are illegal, with the hopes that residents and their families don't know about the laws against nursing home evictions. Often with these cases, residents leave quietly without the guidance of a nursing home attorney.

You Can Fight Back

If a nursing home has threatened to evict a loved one, you can challenge the eviction. If the planned eviction is not handled according to the law, it will not be valid.

  • Nursing homes must send written notices of a planned eviction 30 days in advance.
  • If the nursing home claims the reason for the eviction is that it can’t meet your loved one’s needs, the nursing home must provide documentation on those specific needs and the nursing home’s attempts to meet them.
  • The nursing home is not allowed to evict your loved one if he or she is waiting to receive Medicaid.
  • Nursing homes must follow state laws allowing residents to return to the home after being discharged to a hospital.
  • Nursing homes are required to post information about residents’ rights and contact information for advocate groups.

You Can Appeal a Planned Eviction

Nursing home residents also have the right to appeal an eviction and to ask for a hearing. If you file an appeal, the nursing home is not allowed to evict or transfer your loved one until the appeal is resolved.

If the Eviction Already Happened

If a loved one has already been discharged from a nursing home against his or her will, you can file a complaint with the state. You may also be able to pursue a lawsuit against the nursing home.

Contact a Nursing Home Attorney

Being informed about the legal rights for nursing home patients is the best way to stop nursing homes from taking advantage of your loved one. If your loved one is ever threatened with a nursing home eviction, a nursing home attorney can help. Don’t delay. It’s important to act right away before the nursing home attempts to carry out the eviction. Call Garcia & Artigliere at (800) 328-2630 for a free consultation.

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