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It is often a challenging process to get a senior to accept the fact that they require professional care and persuade them to move to the best nursing homes in Frederick MD. Keeping the same reasons in view, it is a real shock when the facility informs you that it is discharging or evicting your loved one from the facility.

Several hysterical questions are likely to cross your mind.

  • What are the legal situations when a nursing home can discharge a resident?
  • Why Would a Nursing Home want to get rid of a resident?
  • Can family members contest this decision?

For a nursing home resident, few occurrences are as traumatic as an involuntary discharge or transfer. At best, such occurrences are disruptive and stressful. Medical studies reveal that the rate of death is 5-9 times higher for residents who have transferred from Nursing Facilities In Maryland.


Legitimate Reasons for Eviction/Discharge from a Nursing Home

  • The discharge or transfer is necessary to meet the resident’s welfare, and the resident’s welfare cannot be met in the facility;
  • The eviction or transfer is appropriate since the resident’s health has improved satisfactorily, making the facility’s services avoidable;
  • The safety of other seniors  in the facility is endangered;
  • The resident has failed, after appropriate and reasonable notice, to pay (or to apply for Medicare or Medicaid coverage) for a stay at the facility; or
  • The facility stops to operate.

Rights When Notice of Eviction or Discharge Has Been Given

Residents in a nursing home have the following rights when a notice of discharge or eviction has been delivered:

  • They can appeal against discharge o transfer that, according to them, is unlawful.
  • A nursing home resident can’t be obligated to leave if the resident is waiting to get Medicaid (and the facility did not produce notice that Medicaid is not accepted).
  • Nursing homes must provide a 30-day written notice of their reason and plan to evict or transfer a resident, except for emergencies.
  • Nursing homes must orderly and safely evict or discharge a resident.
  • Nursing homes must deliver proper notice of bedridden and re-admission necessities.
  • Nursing homes must bear a grievance procedure for criticisms.

How Should You Handle a Nursing Home Eviction Notice?

There are a lot of actions that can be taken on the residents part if they receive a notice for eviction from their nursing home. Once an eviction notice is received, which should classically come 30 or 60 days ahead of the eviction date, here are some aspects to consider.

First, ensure that the information in the notice includes the reason for the eviction or transfer, the proposed discharge or transfer date, a designated location in case of transfer, and the fact that you have the right to appeal a hearing to contest it. The eviction notice also needs to include what procedures a resident should stick to in order to get a hearing as well as data such as the right to legal counsel. If a resident wants to file an appeal against an eviction notice, they need to proceed as quickly as possible. It’s advisable to appeal an eviction within 20 days of receiving the notice.


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