Can a Patient Be Kicked Out of a Nursing Home?

Finding out that your elderly loved one no longer has a place to live or professional caregivers is devastating. Luckily, there are state and federal laws in place to prevent the sudden and unlawful eviction of a nursing home resident. If you believe that a nursing home in San Antonio has broken the law by kicking out your loved one without the proper procedures or reason, consult with a San Antonio nursing home abuse lawyer at the Law Offices of Maloney & Campolo for legal advice and assistance.

What Are the Lawful Reasons to Discharge a Nursing Home Patient in Texas?

Nursing home residents are under the protection of multiple state and federal laws. This includes regulations that safeguard them from being kicked out of nursing homes and other long-term care facilities, except in specific circumstances. According to Texas Administrative Code Rule 554.502, the discharge of a resident from a nursing home is only permitted in the following circumstances:

• The discharge (or transfer to a different nursing home facility) is necessary for the resident’s welfare, as the current facility can no longer meet the resident’s needs
• The discharge is appropriate because the resident’s health has improved enough that he or she no longer needs the services provided by the nursing home.
• The clinical or behavioral status of the resident currently endangers the safety of other individuals in the facility.
• The health of other individuals in the nursing home would be endangered if the resident was not discharged or transferred.
• The resident has failed to pay his or her bill for remaining at the facility after receiving reasonable and appropriate notice to do so.
• The resident or a representative speaking on the resident’ behalf requests a voluntary discharge or transfer from the nursing home.
• The facility is no longer operating as a nursing home and no longer provides resident care.

No other reason or excuse given for discharging a nursing home resident is acceptable under Texas law. If a nursing home has given one of the accepted reasons for evicting a resident, it is the family’s right to seek more information about the matter and ensure a proper discharge. If it appears that a patient has been illegally or improperly evicted, this could be grounds for a claim against the facility in pursuit of financial compensation.

What Is the Proper Process for Evicting a Nursing Home Resident?

In addition to giving a valid reason for discharging a patient, a nursing home in Texas must also follow the proper procedures and protocols. This includes adequate documentation stating the reason for the transfer. For example, if the nursing home asserts that it cannot meet the resident’s needs, the facility must document its attempts to do so and show that the receiving facility can meet the patient’s needs. The nursing home may also need to present documentation from the resident’s physician or health care institution.

Texas law also requires advanced notice before a nursing home can discharge a patient. The facility must notify the resident and the resident’s representative about the eviction or transfer in writing in a manner and language that the resident understands at least 30 days before the resident is discharged or transferred. The notice must include the reason for the transfer and any other relevant information.

What to Do if Your Loved One Was Wrongfully Kicked Out of a Nursing Home

If you believe that your elderly loved one was kicked out of a nursing home in Texas without a valid reason or appropriate procedures, fight back by hiring an attorney. A nursing home abuse lawyer in San Antonio, Texas can help you appeal the discharge through the proper channels, such as requesting a hearing within 90 days of receiving the discharge notice. 

Your lawyer can also file a lawsuit against the nursing home if there is evidence of patient abuse or neglect, including the unlawful eviction of a resident. Call (210) 404-7508 to request a free consultation with an attorney today.