Nursing Homes Forcing Patients Out

August 2008

Nursing homes across the country have been evicting sick patients for reasons that do not adhere to federal regulations. As a result, residents are being forced out simply because of the inconvenience or high cost of their care, leading some to experience serious health problems.

According to the federal Administration on Aging, formal complaints about nursing home eviction practices have doubled over the last decade, reaching 8,500 in 2006, and about one in seven evictions are cited as improper by officials in Washington, D.C. When residents are suddenly forced out of nursing homes, the move can lead to major health risks. Studies have found that "transfer trauma" can trigger weight loss, depression, and can increase the risk of falling.

Federal law permits involuntary discharges only for the following six reasons: if patients are well enough to go home, if a nursing home facility closes, if a patient endangers the safety of other patients and staff, if they endanger the health of others, if they require care that is only available elsewhere, or if they neglect to pay their bills. Along with meeting one of these requirements nursing homes must give the residents at least 30 days' notice, explain their appeal rights, and make sure the move does not cause any harm.