“The facility staff told me I have to move out in three days! I have nowhere to go. Can you help me? “This is a common call to the Ombudsman office. Because of their vulnerable condition, the impact of transfer on elderly residents in long term care can be traumatic and can result in increased risk of illness and death. To minimize transfer trauma resident’s should be involved in all stages of the move process – Preliminary Planning; Choice of a New Location; Visit to the New Location; Orientation at the New Location.
Long term residents in Skilled Nursing Facilities (SNF) in California (usually under Medical) are protected from unnecessary discharges by regulations set by the Department of Public Health (CDPH). There are six reasons that SNFs can give for discharging/transferring a resident:
1. The facility is unable to meet the resident’s medical needs
2. The resident’s health has improved such that he/she no longer needs nursing home care
3. The safety of other individuals is endangered
4. The health of other individuals would be compromise
5. The resident has failed, after reasonable notice, to pay for his/her stay in the facility
6. The facility ceases to operate
2. The resident’s health has improved such that he/she no longer needs nursing home care
3. The safety of other individuals is endangered
4. The health of other individuals would be compromise
5. The resident has failed, after reasonable notice, to pay for his/her stay in the facility
6. The facility ceases to operate
Discharge/Eviction notices must be in writing, not verbal, and must be given to the resident and their responsible party 30 days before the discharge date. If there is a question about the decision to discharge facilities must be able to produce documentation to support eviction notices for reasons 1 – 4.
Have you or a family member/friend received an eviction notification? Contact Senior Advocacy Services and speak with our Ombudsman!
Read More to learn about when you can be discharged and your right to proper notice of discharge or eviction. The California Advocates for Nursing Home Reform (CANHR) is an excellent resource for questions about Skilled Nursing and Residential Care Facilities.
Are you living outside of California? Call your local Ombudsman for concerns about evictions. You can search the web by typing Your State and Ombudsman in the search field to find a local office.
This article is an installment in the Resident Rights Series.
