Things Nursing Homes Aren't Allowed To Do

Nursing homes are supposed to be safe havens for loved ones who require advanced care when you're not in a position to provide it. Unfortunately, some nursing homes don't always play by the book, resulting in poor care for your loved one.

Nursing homes are not allowed to refuse Medicaid or provide less care to Medicaid users. They also cannot refuse to provide necessary services or disregard a patient's preferences. Moreover, they cannot force the resident's family to take on financial responsibility.

Read on for a comprehensive overview of the things a nursing home isn't allowed to do so you can hold them accountable if they violate your rights.

1. Nursing Homes Aren't Allowed To Refuse Medicaid Payment

Almost all nursing homes in the country accept Medicaid payments. Medicaid is a government-sponsored program that helps to cover medical fees for low-income individuals, including those in nursing homes.

However, some of these homes, in a bid to make a profit, claim that they don't have Medicaid beds available when you ask. They do that to encourage you to pay at the private-pay rate.

You can use the Care Compare website to check whether a nursing home is Medicaid-certified.

If a resident does the above and the nursing home denies their request, the resident is allowed to file a grievance against the nursing home.

2. Nursing Homes Cannot Provide Less Care To Medicaid Users

Some unscrupulous nursing homes do the bare minimum for Medicaid-eligible residents to cut costs. The Nursing Home Reform Law explicitly states that nursing homes should seek to establish identical policies and procedures when providing services regardless of payment source.

3. Nursing Homes Cannot Disregard a Patient's Preferences

The Code of Federal Regulations states that nursing home residents should retain the right to choose their sleeping schedule, activities, and even health care providers. A nursing home is required by law to make "reasonable" adjustments to accommodate a patient's preferences.

4. Nursing Homes Cannot Evict Residents Without Notice

Regardless of the reason for the eviction, a nursing home is supposed to give you written notice in advance. The nursing home should issue the notice at least 30 days before the planned eviction date.

A proper eviction notice should contain:

• The reason for evicting the resident
• The date of eviction
• Where the patient will be transferred to
• How the resident can appeal the eviction
• Contact information for the state's ombudsman program

A nursing home has only five grounds on which it can evict a resident:

• The facility is going out of business.
• The resident cannot pay their fees.
• The resident no longer requires the nursing home's services.
• The resident is a threat to others.
• The nursing home isn't equipped to provide the patient with proper care.

Nursing homes can also refuse to take a patient for the same reasons as eviction. Could a Nursing Home Refuse to Take a Patient?

5. Nursing Homes Cannot Shift Financial Responsibility

The Nursing Home Reform Law states that a nursing home cannot require or request a patient's family or friend to take on financial liability for the nursing home expenses.

The only reason for a resident's family member to sign a nursing home's papers is if they're acting on behalf of the resident – committing the resident's money on his/her behalf.

You should be wary when signing nursing home papers. Some nursing homes leave a space for the "Responsible Party" to sign, deliberately hiding the definition somewhere in the middle of the admission agreement.

About Chip Mitchell

Chip Mitchell is the founder of Growing Gray USA. With over a decade of experience owning a home care company, he has helped hundreds of families navigate the complexities of caring for aging parents.