New Mexico families want the peace of mind of knowing that their loved ones who live in nursing homes have a secure residence. However, there are times when a nursing home notifies you that your relative can no longer stay there. This sudden news can be disconcerting since you now have to find a new home for your senior relative. So why do nursing homes evict their residents, and is it legal?
Agingcare explains that there are many reasons nursing homes would discharge a resident, and while it can be distressing, many rationales for evicting a person are in fact legal. In some cases, the discharge reason may indicate good things for your relative, such as a resident’s health improving to the point where the care of a nursing home is not needed. However, nursing homes will usually discharge residents for other reasons.
Sometimes a nursing home staff will claim a resident is too difficult to work with. They will point out that the resident is belligerent and uncooperative, and may also be harassing or endangering other residents. If there is heated conflict between the family of a resident and the staff over the care of the resident, the nursing home might elect to evict the resident.
There are also instances when a resident or the resident’s family may fall behind in paying for residence at the home. It is important to note that nursing home residents cannot be automatically evicted for money problems alone. In the event a senior cannot pay for the residence out of pocket, the senior is allowed to transition to Medicaid coverage. However, some nursing homes do not accept Medicaid payments.
At times, a nursing home simply cannot provide the necessary care for an individual. The person in question may require a hospital stay or a more advanced nursing care facility. In some cases, your loved one might need a temporary hospital stay for treatment to regain enough health to return to the home, but be warned that some nursing homes try to dump hospital patients by refusing to let them back into the home.
Finally, there may be scenarios where the nursing home itself cannot provide a safe residence any longer. The facility may take damage from a storm or a fire. There are also nursing homes that end up closing down completely and have to evict all their residents.
Since nursing home issues vary greatly, you should not consider this article as offering any legal advice. It is written solely to educate readers on nursing home abuse topics.