Many children are understandably concerned that if they pursue legal action against a nursing home for unlawful behavior, their parents will be evicted. It is true that nursing home residents are at risk of being evicted for some reasons. If a person is evicted without lawful cause, the resulting eviction can be challenged. This article will examine what situations allow nursing home residents to pursue legal actions against residents as well as what people should do if their loved one has been unfairly discharged from a nursing home.
Lawful Reasons a Person can be Evicted From a Nursing Home
To evict a person from a nursing home, the facility must have legitimate and lawful reasons for doing so. Additionally, a nursing home must follow certain precautions when evicting a resident from a nursing home. Some of the lawful reasons that nursing homes are permitted to evict residents include the following:
- A nursing home resident stops paying monthly costs. In these situations, however, there are often financial resources like Medicaid or Medicare available to help someone.
- The resident at the nursing home displays dangerous behavior that endangers the health of either residents at the home or staff members.
- The nursing home resident’s medical condition grows worse and the facility is not equipped to deal with that person’s condition.
- The nursing home resident’s condition improves and it is no longer necessary for the person to require the facility’s daily assistance.
Situations in Which it is Illegal to Evict a Nursing Home Patient
There are some situations in which nursing home residents cannot be evicted from their facility. Some of the reasons why nursing homes cannot evict residents include:
- The nursing home resident requests to know information about how their security deposit will be used or when they can expect it to be returned.
- A nursing home requests information about their medical condition.
- A nursing home resident expresses a complaint to the state or federal government.
It is also common for a nursing home resident to be told by the nursing home facility that the resident needs to be evicted from the facility because he or she is either disruptive or refuses medical treatment.
In addition to New Jersey law, the Federal Nursing Home Reform Act also helps to protect residents of nursing homes. The Federal Act grants nursing home residents the right to remain at the residence that they choose.
Contact a New Jersey Elder Law Attorney
In short, a nursing home resident cannot be evicted from the facility because that resident initiated legal action against the nursing home. If a person was unlawfully evicted from a nursing home then that individual has the right to pursue legal action. The legal counsel at Ferrara & Gable can determine whether a nursing home lawfully ejected a resident from the premise. Contact our law office today for assistance with your case.