wrongful eviction

June 28, 2018

RCFE Evictions and Elderly Rights in San Marcos

Nursing home evictions have become a serious issue within the larger topic of nursing home abuse and neglect in California and throughout the country. Organizations such as AARP are getting involved in stopping illegal nursing home evictions and questioning the ways in which both federal and state law provides protections to seniors who are being kicked out of facilities. While many commentators are discussing illegal evictions from nursing homes, what about illegal evictions from assisted-living facilities and residential care facilities for the elderly (RCFEs) in California?

All of this talk about unlawful nursing home evictions begs the question: What are an elderly person’s rights when it comes to evictions from RCFEs? California Advocates for Nursing Home Reform (CANHR) provides a fact sheet on RCFEs and eviction protection. We want to discuss RCFE evictions with you and help you to understand steps to take when an elderly loved one becomes vulnerable.

What are the Lawful Reasons that an Elderly Resident of an RCFE can be Evicted?

May 15, 2018

Addressing Skilled Nursing Discharges in Oceanside

by Walton Law Firm

As many Oceanside residents with elderly loved ones know, nursing homes in Southern California and throughout the country have been cited for improper discharges of patients, amounting largely to evictions or the “dumping” of patients. According to a recent article in Skilled Nursing News, reports about such actions have “become a widespread issue—so much so that it is now one of the most frequent complaints made to states’ long-term care ombudsman programs” in California and across the U.S. When elderly patients are evicted from skilled nursing facilities, they can face nursing home abuse and neglect in the facilities where they end up living. At the same time, the mere act of “dumping” patients may in and of itself constitute nursing home abuse or neglect.

In response to these complaints, the Centers for Medicare and Medicaid Services (CMS) “has announced a new initiative aimed at blunting the growing trend of improper discharges at skilled nursing facilities.” Will federal efforts help to prevent the continued evictions of nursing home residents in San Diego County?

Many Patient Discharges Violate Federal Regulations

June 3, 2016

“Difficult” Nursing Home Patients Targeted for Eviction

by Walton Law Firm

When an elderly California resident requires care in a nursing home, it is often because he or she can no longer live at home and requires more care than a place such as a residential care facility for the elderly (RCFE) or assisted-living facility might be able to provide. However, according to a recent article from the Associated Press, nursing home patients who are more challenging and for whom it is more difficult for staff members to provide care are being targeted for eviction. The topic of nursing home evictions and elder abuse has been an issue for several months now, with advocates arguing that nursing homes and other facilities are refusing to readmit patients following hospital stays. For example, an NPR report emphasized the severity of these allegations and the implications for senior health and well-being.

Yet now, according to an analysis conducted by the Associated Press, it looks as though patients at skilled nursing facilities who require more extended care than other patients may also be subject to wrongful evictions. When elderly patients who need nursing home care are evicted without warning and for reasons beyond the resident’s control, are we looking at situations of nursing home abuse?

Seniors with Dementia Alleged to be Targeted by Skilled Nursing Facilities