{"id":355764,"date":"2016-04-04T11:01:54","date_gmt":"2016-04-04T16:01:54","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/elder\/elder-care-law\/protecting-nursing-home-residents-from-eviction.html"},"modified":"2022-12-08T12:23:22","modified_gmt":"2022-12-08T17:23:22","slug":"protecting-nursing-home-residents-from-eviction","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/elder\/elder-care-law\/protecting-nursing-home-residents-from-eviction.html","title":{"rendered":"Protecting Nursing Home Residents from Eviction"},"content":{"rendered":"\n
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Protecting Nursing Home Residents from Eviction<\/h1>\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Residents who can afford to pay for their nursing home care out of pocket are generally more profitable<\/a> for nursing homes than Medicaid residents. Whether or not a nursing home participates in the Medicaid program is entirely voluntary.<\/p>\n\n <\/div>\n\n

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Whether a nursing home participates in the Medicaid program is entirely voluntary. Private-pay residents are generally more profitable<\/a> for nursing homes than Medicaid residents. But federal law states that if a nursing home decides to withdraw from Medicaid, existing Medicaid residents at the nursing home cannot be evicted.<\/p>\r\n

About 1.4 million nursing home residents<\/a> in the United States live in more than 15,500 Medicare and Medicaid-certified nursing homes. Medicaid and Medicare are health insurance programs funded by the U.S. government. But each program has different eligibility requirements and coverage.<\/p>\r\n

Medicaid covers nursing home care in Medicaid-certified nursing homes only when the Medicaid beneficiary:<\/p>\r\n

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  1. Has no other means to pay<\/li>\r\n
  2. Is eligible for the Medicaid program<\/li>\r\n<\/ol>\r\n

    The cost of care also further complicates matters. Many residents who begin paying out of pocket end up depleting their resources, which forces the resident to rely on Medicaid or loved ones to pay their bills.<\/p>\r\n

    The Rights of Medicaid Residents: Nursing Home Reform Act of 1987<\/h2>\r\n

    Congress addressed the rights of Medicaid residents with two laws. These laws apply to nursing homes that participate in Medicare or Medicaid programs.<\/p>\r\n

    The first law is the Nursing Home Reform Act of 1987<\/a>. This Act identified the services nursing homes must provide their residents and the standards they must meet. It also established a nursing facility resident’s Bill of Rights<\/a>.<\/p>\r\n

    These nursing home resident rights<\/a> include:<\/p>\r\n