Under federal law nursing homes can only evict residents under limited circumstances. However, elder law advocates claim that increasingly nursing homes are not limiting themselves to those circumstances. Instead, the nursing homes are evicting residents who are difficult to care for because of dementia, residents who have family members that complain about the care and residents who are otherwise difficult.
According to the Seattle Times in "Nursing homes turn to eviction to drop difficult patients" evidence from federal data appears to back the advocates' claims.
In fact, complaints to the Long Term Care Ombudsman Project are up 57% since 2000.
This is a big problem for nursing home residents and their families because most of the time there are few other options for the evicted residents other than staying in a hospital.
While residents have the right to appeal the evictions it is costly to do so. Sometimes, even when the resident wins the appeal, government agencies still do not require the nursing home to take the resident back.
To make matters worse, nursing homes found to have acted improperly are rarely, if ever, punished or fined.
Nursing homes, in Cincinnati and elsewhere, disagree with the advocates.
The American Care Association claims that the evictions are proper, but does agree that a national policy discussion is necessary to come to terms with the increasing number of nursing home residents who are difficult to care for.
Remember: “An ounce of prevention is worth a pound of cure.” When making your estate plans or when probating an estate or administering a trust, do not go it alone. Be sure to engage a Cincinnati estate planning attorney.
For more information about estate planning, probate or trust administration in Cincinnati (and throughout the rest of Southwest Ohio) and to review free resources regarding estate planning, probate or trust administration, visit my website. If you have questions regarding this article or a particular legal matter, feel free to contact me at 513-399-PLAN (7526).
Reference: Seattle Times (May 8, 2016) "Nursing homes turn to eviction to drop difficult patients"