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