Receiving a sudden eviction notice from a nursing home is alarming, but you are not powerless. In California, nursing homes can only evict residents for very specific legal reasons. Here is what you need to know about your loved one’s rights as a resident.
Does the nursing home have a valid reason to evict your loved one?
Federal and state laws strictly limit the reasons why a nursing home can legally force a vulnerable resident to leave. In California, a nursing home can evict a resident for the following reasons:
- The resident failed to pay after receiving proper notice.
- The facility is closing.
- The health condition of the resident has progressed and they no longer require aid from the nursing home facility.
- The facility is incapable of assisting the resident and meeting their needs.
- The resident’s presence at the facility puts other residents’ health and safety at risk.
These legal protections are especially critical during nursing home negligence cases.
How do you respond to a nursing home discharge notice?
First, do not panic, and do not immediately move your loved one out of the facility just because they received a letter. You can appeal the eviction by requesting a hearing through the California Department of Health Care Services or through other applicable state processes. In most cases, filing this appeal before the date of discharge can stop the eviction process and allow your loved one to stay while you wait for the final decision.
Why the deadline matters in a California nursing home discharge
If a nursing home has served a discharge notice, the most important step is to act before the proposed discharge date. But before you act, you have to understand the legal requirements. An attorney familiar with California long-term care law can swiftly evaluate whether the notice complies with federal and state requirements and, if appropriate, represent your loved one at the state hearing.