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Feds Seek to Stop Illegal Nursing Home Evictions

After a rash of illegal nursing home evictions, the federal government recently announced an initiative to end this practice. Learn about the extent of the problem is and how ending illegal nursing home evictions will be a positive step forward for current and future residents.

Involuntary Discharges Have Become a Major Problem

Nursing home residents may have a range of complaints about their facilities, from insufficient staff coverage to the quality of the food. However, the most common complaint pertains to what is known as involuntary discharge or illegal eviction. In 2015, for example, these illegal evictions generated over 9,000 complaints across the country. The motivation could be financial, since Medicare pays nursing homes a lot more than Medicaid does. The result  is that  hundreds of residents are being evicted as they’re transitioning from Medicare to the low-paying Medicaid.

Nursing Homes Must Follow State and Federal Guidelines

While nursing homes are subject to state laws and regulations, they must also adhere to federal guidelines, particularly when it comes to evictions. Federal rules stipulate that nursing home evictions can only happen when the resident can’t pay for care,  endangers staff members, doesn’t need the facility’s services, or other specific situations.

In many cases, long-term care facilities also have to provide residents with a thirty-day written notice prior to the intended eviction. This pre-discharge procedure is designed to allow residents to secure safe places to live, reduce trauma, and improve well-being.

CMS Pledges to End Illegal Evictions

In January 2018, the Centers for Medicare and Medicaid Services (CMS), the federal agency that oversees nursing homes, announced that it would begin dedicating resources to stopping illegal evictions. In the coming months, the agency intends to examine why so many involuntary discharges have happened and explore ways to help nursing home residents get the care they need without having to face illegal evictions.

Whether you already reside in a long-term care facility or you anticipate needing one in the future, this is an issue you’ll want to stay on top of. Join Super Senior Connection to build your community and get the news you want and the support you need from like-minded people.

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