🛑 Do NOT Pack the Bags
You receive a frantic call from the Nursing Home Administrator: "Your father is being difficult and aggressive. We can't care for him anymore. You need to pick him up by this Friday."
Stop. Do not panic. This is likely an illegal eviction attempt, often referred to in the industry as "Patient Dumping."
As of 2026, Federal law strictly protects nursing home residents. They cannot simply evict your dad because he is "annoying," has advanced dementia, or because his payment source switched from lucrative Medicare to Medicaid. You have the absolute right to stay put while you appeal.
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| Nursing Home Trying to Kick Dad Out? Stop! |
Nursing homes often prioritize short-term Medicare rehab patients (who generate higher revenue) over long-term Medicaid residents. However, a nursing home is legally defined as your father's residence. They cannot evict him without a valid legal reason and strict adherence to due process.
The Only 6 Legal Reasons for Eviction
Under the Federal Nursing Home Reform Act (updated for 2026 enforcement), a facility can ONLY discharge a resident against their will for these 6 specific reasons:
⚖️ The Law Says:
- The nursing home cannot meet the resident's medical needs (Must be thoroughly documented).
- The resident's health has improved significantly so they no longer need nursing care.
- The safety of other individuals in the facility is endangered.
- The health of other individuals in the facility is endangered.
- Non-payment of bills (after reasonable notice and failure to apply for Medicaid).
- The facility ceases to operate (shuts down).
Crucial Note: "He wanders too much" or "He yells at staff" are usually NOT valid reasons for eviction if the facility claims to specialize in dementia or memory care. Managing those behaviors is exactly what they are paid to do.
The "Hospital Transfer" Trick
This is the most common tactic for illegal discharge. The nursing home sends your dad to the Hospital ER for a minor issue (like a UTI or a fall). While he is at the hospital, they give his bed away to someone else and refuse to readmit him when he is discharged.
Your Defense: Before he leaves for the hospital, demand to sign a "Bed Hold" policy document. Federal law requires them to readmit him to the next available bed even if the bed hold period expires. If they refuse readmission, report them immediately to the State Survey Agency.
The Ombudsman
You do not need to fight this legal battle alone. Every state has a federally mandated Long-Term Care Ombudsman program.
Chief Editor’s Verdict
If the facility hands you a "Notice of Discharge," look immediately for the appeal instructions on the back or bottom. You typically have 30 days to file an appeal (except in immediate danger cases).
File the appeal instantly. While the appeal is pending, federal law prohibits them from kicking him out. Stay calm, keep him in the room, and call the Ombudsman.
The information provided in this article is for educational purposes only and does not constitute legal advice. Nursing home regulations vary significantly by state (e.g., California's Title 22 vs. Federal OBRA '87). "Bed Hold" payments and Medicaid rules differ by jurisdiction. If you are facing an involuntary discharge, contact your state's Long-Term Care Ombudsman or an Elder Law Attorney immediately. Do not rely solely on this article for legal defense.
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