Free Initial Consultations Are Available Now

Can a loved one be discharged from a nursing home at will?

If a loved one resides in a nursing home, you likely expect them to stay in their nursing home for a very long time. However, a nursing home can discharge tenants. With that said, nursing homes often cannot discharge residents for just any reason.

If your loved one is suddenly discharged from their nursing home, they may not receive the care they need. You may need to look into whether they were wrongfully discharged and take steps to protect their rights.

When is an eviction from a nursing home illegal?

There are a few reasons why a nursing home could evict a resident lawfully. These reasons include:

  • Resident health improvements: A tenant’s health may recover during their stay in a nursing home. The nursing home may discharge or transfer the tenant because they no longer need care from facility caregivers.
  • Healthcare risks: A resident’s health may be too great for a nursing home to handle. The resident may be discharged for health and safety concerns.
  • Non-payment: A tenant who pays out of pocket for nursing home care may be evicted if they fail to make payments. This can also happen if a tenant’s health insurance does not cover their nursing home stay.
  • Safety issues: A resident may be a safety and health risk to other residents. An eviction may occur to protect other tenants.
  • Facility closing: A facility may no longer be able to provide care to residents because the nursing home is closing.

If a nursing home does not give a valid reason for your loved one’s eviction, you may need to reach out for legal guidance.

Archives