The Daily Beast had an interesting article about the immoral and unethical practice of evicting poor and disabled residents from nursing homes.  “Complaints about allegedly improper evictions and discharges from nursing homes are on the rise in California, Illinois and other states, according to government data. These concerns are echoed in lawsuits and by ombudsmen and consumer advocates.”  In California alone, such complaints have jumped 70 percent in five years, reaching 1,504 last year.  Many patients end up with no permanent housing or regular medical care after being discharged.

Advocates say such decisions are often money-driven, placing profits over people: Medicare covers patients for just a short time after they are released from hospitals. After that, these critics say, many nursing homes don’t want to accept the lower rates paid by Medicaid, the public insurance program for low-income residents.

Among other recent cases of allegedly improper discharges:

*In October, California’s attorney general moved to prevent a Bakersfield nursing home administrator from working with elderly and disabled people, while he awaits trial on charges of elder abuse and wrongful discharge. State prosecutors said one patient was falsely informed that she owed the home money, then sent to an independent living center even though she could not “walk or toilet on her own.”

*A pending lawsuit by Maryland’s attorney general alleges a nursing home chain, Neiswanger Management Services (NMS), illegally evicted residents, sending them to homeless shelters or other inadequate facilities to free up bed space for higher-paying patients.

*Last month, a 73-year-old woman with diabetes and heart failure sued a Fresno, Calif., nursing home for allegedly leaving her with an open wound on a sidewalk in front of a relative’s home. The suit said conditions in the residence were unsafe and a family member refused to allow her inside. The state cited the home in July and issued a $20,000 fine.

Federal law allows a nursing home to discharge or evict a patient when it cannot meet the resident’s needs or the person no longer requires services; if the resident endangers the health and safety of other individuals; or if the patient has failed, after reasonable and appropriate notice, to pay.  The law also generally requires a home to provide 30 days’ notice before discharging a patient involuntarily and requires all discharges be safe and orderly.

 

 

 

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