Elderly Lives Matter®

Are Nursing Homes Allowed To Evict Residents?

On Behalf of | Jun 8, 2023 | Assisted Living Facility Abuse and Neglect

Nursing homes are obligated to look after the well-being and rights of their residents. However, there are instances when their actions go against this duty of care. A good example is when these institutions evict residents; nursing home evictions are a potentially unsafe and traumatic experience for residents. 

The Centers for Medicare and Medicaid Services (CMS) has requirements that nursing homes should meet. When these requirements aren’t met, the elderly residents who are evicted are victimized and stranded. Why are nursing home evictions on the rise? This is the million-dollar question, so let’s take a dive deep into this sensitive issue.

The reason for the rising nursing home evictions

The most common reason for nursing home evictions is the facilities’ inability to appropriately care for the residents in question without presenting a clear and present danger to the well-being of other residents and staff. This isn’t easy for the families of these residents to hear and may cause disagreement and a resulting complaint.

Unfortunately, there has been a dramatic increase in behavioral health challenges in nursing home residents. Many care facilities feel they have no choice but to discharge potentially or actually violent residents who threaten other residents and staff. This is the only way to quell the fear of families of other residents. Furthermore, failure to evict violent residents would discourage nursing home staff from staying at the facility.

Nursing home evictions might be tied to abuse or covered-up abuse 

It’s, however, important to note that there have been situations where facilities are accused of outright “dumping” residents for illegitimate reasons. Some residents’ families have come out and said that their elderly loved one was evicted from a care facility without an advance written notice of discharge or their rights to contest that discharge. 

These families and various non-governmental groups are advocating for nursing home reforms that will stop nursing homes from dumping patients to make room for higher-paying private insurance and Medicare patients. 

Nursing homes should follow legal and ethical guidelines, observing due process and maintaining resident rights throughout the eviction process. If you suspect that your elderly loved one was evicted for less-than-legitimate reasons, seek professional assistance as you get to the bottom of the matter.

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