CAN I BE EVICTED FROM MY NURSING HOME?

Transcription

CAN I BE EVICTED FROM MY NURSING HOME?
CAN I BE EVICTED
FROM MY NURSING
HOME?
FREQUENTLY ASKED QUESTIONS
Q
A
Q
A
Q
A
What are some examples of unlawful reasons for transfer or
discharge?
• Resident is disruptive or difficult to
manage.
• Medi-Cal says the resident does not
need nursing home care.
• Resident does not follow facility
policies.
• Resident refuses medical treatment.
• Resident’s care is too difficult or
expensive.
• Medicare coverage is ending.
What if my Medi-Cal application is still
pending?
Nursing homes cannot evict you if you
applied for Medi-Cal timely, but
Medi-Cal has not made its eligibility
determination yet.
Can a nursing home refuse to readmit
me after a hospital stay?
If you are transferred to a hospital, the
nursing home must let you or a family
member hold your bed for up to 7
days.
If you are on Medi-Cal, you have the
right to be readmitted to your nursing
home, even if your hospital stay was
longer than 7 days. If that is the case,
the nursing home must readmit you
to the first available bed in a semiprivate room.
Q
A
Can a nursing home make me change
rooms
because
my
Medicare
payments stopped?
No. You can refuse the transfer to a
different room if the transfer is based
on a change in your payment source,
such as changing from Medicare to
Medi-Cal.
A nursing home, or “skilled nursing facility,” is a residence for people who need
constant or extensive care. They provide
medical, nursing, and rehabilitative care.
A NURSING HOME CAN ONLY EVICT YOU
FOR ONE OF THE FOLLOWING SIX REASONS:
(1) The resident’s needs have changed and the
nursing home can’t meet the resident’s needs
anymore.
(2) The resident’s health has improved and doesn’t
need the services of a nursing home anymore.
(3) The resident’s stay in the nursing home endangers the health of others.
(4) The resident’s stay in the nursing home endangers the safety of others.
(5) The resident has not paid for his or her stay at
the nursing home after being given reasonable
notice of nonpayment.
(6) The nursing home stops operating and closes.
Without one of these six reasons, a nursing home generally cannot force you to move.
THE EVICTION NOTICE:
A nursing home must give you 30 days’ written notice
before the proposed move out date. The notice must
also say why the home wants you to move. If you are
being transferred to another home, the notice must
also give you the location of the new home. Flip this
page over to see a list of other items that must be
included on your eviction notice.
QUESTIONS? CALL US FOR FREE HELP! 1-888-354-4474
Q
A
What else must be on a transfer
or discharge notice?
A transfer or discharge notice
must tell you:
• The reason for the transfer or
discharge
• The date the transfer or
discharge will happen
• Where you will be transferred
• That you have the right to
appeal the transfer/discharge
to the state
• The name, address, and
phone number of the Transfer
and Discharge Appeal Unit
within the California Department of Health Care Services
• The name, address, and
phone number for your local
Long-Term Care Ombudsman
programm
• That you may represent yourself or have an attorney, relative, friend or spokesperson
represent you
• That you or your representative must be allowed to
review your medical records
and documents before the
hearing
• That you may bring witnesses
• That you must file the appeal
within 10 days of receiving
the notice
• That the facility may allow
you to stay even if the state
has not made a decision
within 30 days
• That if the state agrees that
you should be discharged,
you should be prepared to
move
NURSING HOMES CAN SOMETIMES GIVE LESS
THAN 30 DAYS’ NOTICE OF A PROPOSED
TRANSFER OR DISCHARGE
Sometimes, nursing homes are allowed to give less
than 30 days’ notice. This can happen when:
• The resident’s stay endangers other individuals.
• The resident has urgent medical needs that require
an immediate move.
• The resident has lived in the facility for less than 30
days.
• The resident’s health has gotten better and a more
immediate transfer is appropriate.
WHAT TO DO IF YOU DISAGREE WITH YOUR
NOTICE OF TRANSFER OR DISCHARGE
If you disagree with the transfer or discharge
notice and want to stay in the nursing home, you
should appeal as soon as possible. To do so, call
the Department of Health Care Services (DHCS).
You can reach their Hearings and Appeals Unit at
(916) 445-9775. Ask them for a transfer/discharge
appeal hearing. You must ask for an appeal within
10 days of receiving the written eviction notice.
Once you ask DHCS for an appeal of the transfer or
discharge, it will set up a hearing at your nursing
home. There will be a hearing officer there. He or
she will listen to you, your family members, nursing home staff, and any other witnesses. He or she
will also review other relevant evidence, such as
medical records. The hearing officer will issue a
written decision about one week after the hearing. It will say whether you are allowed to stay, or
whether you must move. If you lose, you can still
appeal again. You should contact an attorney for
assistance.
QUESTIONS? CALL US FOR FREE HELP! 1-888-354-4474