Do Nursing Home Evictions Exist?
Involuntary Nursing Home Discharges – Quick Facts
Only for six reasons under federal law, such as safety risks or non-payment after notice.
A written notice must be given 30–60 days in advance, except in emergencies.
No—residents must be allowed time to arrange Medicaid or other payment.
The Long-Term Care Ombudsman can investigate and stop illegal discharges.
What Counts as an Involuntary Nursing Home Discharge?
An involuntary discharge, also called an eviction, happens when a resident is forced to leave against their will. Federal law allows this only for six specific reasons, such as non-payment or safety risks. All other reasons may be illegal and can be challenged.
How Do Medicare and Medicaid Affect Evictions?
Medicare covers up to 100 days of skilled nursing care, with coinsurance starting after day 20. When Medicare ends, residents cannot be evicted without time to arrange payment, such as through Medicaid. Medicaid covers nursing home care indefinitely for those who qualify, but pays facilities less than Medicare—sometimes leading to illegal evictions.
What Are the Six Legal Reasons for Discharge?
- The resident’s needs exceed the facility’s ability to provide care.
- Non-payment after reasonable notice and no pending Medicare/Medicaid application.
- The resident’s health has improved so care is no longer necessary.
- The resident’s presence endangers others’ health.
- The resident’s presence endangers others’ safety.
- The facility is closing.
What Must a Valid Discharge Notice Include?
- Reason for discharge and steps taken to address it.
- Discharge location.
- Right to appeal and contact for the Long-Term Care Ombudsman.
- Given at least 30 days before discharge (up to 60 days), unless emergency.
What Are Common Illegal Eviction Scenarios?
- Eviction when Medicare coverage ends without time to apply for Medicaid.
- Evicting private-pay residents who run out of funds without notice.
- Claiming inability to meet needs when the facility can provide necessary care.
- Withdrawing from Medicaid and evicting current Medicaid residents (illegal under federal law).
- Refusing to readmit after hospitalization despite bed-hold rules.
What Can Residents and Families Do?
- Do not move immediately—wait for the official written notice.
- File an appeal with the state’s Long-Term Care Ombudsman.
- Apply for Medicaid if unable to pay privately—pending applications stop evictions.
