Across the country, more and more nursing homes fighting to survive on diminishing reimbursements, evict or “involuntarily discharge” residents, often those who are long term patients, on Medicaid or other costly patients. This often results in frail, elderly patients being moved from their long term residences, often endangering their health.

Patients on Medicaid are especially at risk according to the Wall Street Journal article To Be Old, Frail And Evicted: Patients at Risk:

Those on Medicaid bring facilities as little as half what they can get from residents who pay out of pocket, with private health insurance or through Medicare, the federal-state health program for the elderly.

What are families to do if their loved one is faced with an involuntary eviction from a nursing home?

The Nursing Home Reform Law of 1987 requires a home give a resident at least 30 days notice before evicting him or her, and allows for only six possible reasons for eviction: they are healthy enough to return home; they require care not offered at the nursing home; they risk the health of other residents or staff; they endanger the safety of other residents or staff; they do not pay their bills; or the nursing home closes.

The Nursing Home Resident Protection Amendments of 1999 requires that nursing homes continue to provide care for Medicaid residents already living in the facility even if the nursing home chooses to cease participation in Medicaid.

If your loved one is facing an eviction from a nursing home or assisted living, each state has a Long Term Care Ombudsman. An Ombudsman advocates for residents of nursing homes, board and care homes, and assisted living. They can provide information about how to find a facility and what to do to get quality care and they are trained to resolve problems (A list of Ombudsmen by state).