Feds take notice of increase in wrongful nursing home eviction complaints: 6 things to know

Federal regulators are intensifying compliance enforcement for nursing homes amid a rise in the number of wrongful eviction complaints among residents, according to The New York Times.

Here are six things to know.

1. The American Health Care Association estimates there are 15,655 nursing homes in the U.S. with 1.7 million beds.

2. According to the report, state long-term care ombudsman programs have seen more complaints about evictions and discharges at these nursing homes than any other category of grievances. The NYT cites the most recent HHS data showing nursing home evictions and discharges increased through 2015, when 9,192 complaints out of a total of 140,145 involved such events.

3. Federal law only allows nursing homes to transfer or discharge a patient for specific reasons, such as the facility being unable to adequately care for the resident, or the resident is healthy enough to no longer require nursing care.

4. However, legal advocates say evictions often occur because residents' coverage is changing, from the more profitable Medicare to Medicaid, according to NYT. They claim many residents leave without challenging their discharge.

5. In the report, David Gifford, MD, a senior vice president of the AHCA, denied the assertion that residents are unwillingly moved for financial reasons.

"There's a tension in the regulations," Dr. Gifford said, according to the NYT. "They clearly state that if someone can harm themselves or others, either through infections or their behavior or whatever, the individual can be discharged. But the regulations also clearly say that the goal is to not discharge people, and they have a right to stay there and receive care."

6. The rising rates of nursing home evictions have spurred federal regulators to respond. According to the report, CMS sent a memo to state officials in December, indicating it would increase efforts to ensure discharges are being done in compliance with federal rules.

Read the full NYT report here.

 

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