When a senior lives in a nursing home, they may face eviction. Unfortunately, nursing homes can sometimes unfairly evict a resident. Individuals need to be aware of their rights when they have been evicted so they can take action to protect themselves and receive the compensation they deserve.
Federal Regulations Regarding Nursing Home Evictions
Federal regulations have been put in place to prevent unfair nursing home evictions. Although a nursing home has the right to evict a resident, they must go through the proper legal channels. If an individual feels they have been illegally evicted, they should contact the Hughey Law Firm. The following steps must be taken by a nursing home to legally evict a resident. If these steps are not taken, the eviction is illegal.
- The nursing home must provide the family or a legal representative written notice of the eviction 30 to 60 days before the resident is evicted.
- Nursing homes must also provide a full summary of the resident’s physical, mental, and emotional condition.
- The nursing home will need to develop a post-discharge plan to address the needs of the resident and ensure they find alternative care.
What Must the Eviction Notice Contain?
Individuals must be aware of the information that must be contained in the written nursing home eviction notice. The law requires the following to be included. If any of are following information is left out, the eviction is considered illegal.
- The specific reason for the discharge
- The discharge date
- The location where the resident will be discharged
- Acknowledgment of the resident’s right to appeal the discharge
- The procedures that must be followed to contest the discharge hearing
- The resident’s right to seek legal counsel
- Contact information for a disability advocacy group
Should Individuals Seek Legal Help?
When someone is evicted from a nursing home illegally, they need to be aware of their rights. It is wise for individuals and their family members to schedule a consultation with a lawyer. Meeting with a lawyer will help the family learn about the steps they need to take to be compensated for measurable losses resulting from the illegal eviction.
If a person plans to appeal the eviction decision, getting help from a lawyer is wise. The lawyer will first investigate the eviction to determine if it was performed illegally. Lawyers will work to gather evidence and begin the negotiation process with the administration of the nursing home.
It is important to note that the lawyer can file an appeal on behalf of the resident within twenty days of the eviction date. While the appeal is in place, the resident cannot be removed from the facility for any reason until the appeal process has been completed. Appeals can also be filed after the resident has been removed.
Get Help From a Lawyer Right Away
Time is of the essence when it comes to ensuring unfair nursing home evictions are handled legally. It is wise for an individual to schedule a consultation appointment as soon as they learn of the impending eviction. Waiting too long makes the process more difficult.
A lawyer will become an advocate for the illegally evicted resident, helping them understand their rights and protecting them throughout the process. The lawyer will aggressively pursue the nursing home and take them to court if it becomes necessary.