|
|
|
Nursing home residents may become difficult to deal with from time to time, but it is never a justification for eviction. Nursing homes exist to care for people with physical and mental problems, so “difficult” is something that needs to be dealt with and not swept out the door.
According to the National Senior Citizens Law Center, there are only six legal reasons for eviction from a nursing home as stipulated by the Nursing Home Reform Law (Section 483.12a of Title 42 of the Code of Federal Regulations):
• The resident fails to pay. Most nursing homes will work with the resident if financial issues arise.
• Nursing home care is no longer needed.
• The resident’s needs can no longer be met. This pertains to residents in need of sub-acute care or a locked psychiatric ward.
• The resident in the nursing home endangers other residents’ safety.
• The resident’s presence endangers other residents’ health.
• The nursing home is going out of business.
If a facility claims an inability to meet the resident’s needs, yet, another nursing home accepts that responsibility, the original nursing home should also be capable to meet those needs. Federal law states that a nursing home cannot use its own inadequacies as justification to evict a resident.
If a nursing home decides to evict a person, 30-days notice prior to eviction date must be given in writing along with the reason, the telephone number for the state agency that inspects and licenses nursing homes, the Oklahoma State Department of Health (OSDH) here in Oklahoma, and instructions on how the resident can request an appeal from that agency.
Nursing home residents are encouraged to stand up for their rights. The Oklahoma Long Term Care Ombudsman Program helps residents of nursing homes, assisted living facilities and residential care facilities maintain their rights in receiving quality and dignified care. If you are a resident, or a family member of a resident, experiencing problems at a facility, please contact your Ombudsman at 1-800-375-8255.
Being “difficult” is no excuse for poor care.
Patti Marshall,
Ombudsman Supervisor
COEDD—Area Agency on Aging
Nursing home residents may become difficult to deal with from time to time, but it is never a justification for eviction. Nursing homes exist to care for people with physical and mental problems, so “difficult” is something that needs to be dealt with and not swept out the door.
According to the National Senior Citizens Law Center, there are only six legal reasons for eviction from a nursing home as stipulated by the Nursing Home Reform Law (Section 483.12a of Title 42 of the Code of Federal Regulations):
• The resident fails to pay. Most nursing homes will work with the resident if financial issues arise.
• Nursing home care is no longer needed.
• The resident’s needs can no longer be met. This pertains to residents in need of sub-acute care or a locked psychiatric ward.
• The resident in the nursing home endangers other residents’ safety.
• The resident’s presence endangers other residents’ health.
• The nursing home is going out of business.
If a facility claims an inability to meet the resident’s needs, yet, another nursing home accepts that responsibility, the original nursing home should also be capable to meet those needs. Federal law states that a nursing home cannot use its own inadequacies as justification to evict a resident.
If a nursing home decides to evict a person, 30-days notice prior to eviction date must be given in writing along with the reason, the telephone number for the state agency that inspects and licenses nursing homes, the Oklahoma State Department of Health (OSDH) here in Oklahoma, and instructions on how the resident can request an appeal from that agency.
Nursing home residents are encouraged to stand up for their rights. The Oklahoma Long Term Care Ombudsman Program helps residents of nursing homes, assisted living facilities and residential care facilities maintain their rights in receiving quality and dignified care. If you are a resident, or a family member of a resident, experiencing problems at a facility, please contact your Ombudsman at 1-800-375-8255.
Being “difficult” is no excuse for poor care.
Patti Marshall,
Ombudsman Supervisor
COEDD—Area Agency on Aging
