Eviction Disclosure
Nursing home abuse is a reality for many nursing home residents. Evictions, especially if improper, can cause residents to suffer physical, mental, and emotional harm. Often residents don’t even know why they are being forcibly discharged. Evictions are one of the most common complaints reported to California’s Long Term Care Ombudsman programs, according to CalMatters. Citations for improper evictions have risen to more than 1,800 over the past five years.
ASSEMBLY BILL NO. 1309
On January 1, 2024, Assembly Bill No. 1309, went into effect which provides additional protection to residents of nursing homes who are facing eviction. Under AB 1309, eviction notices issued by nursing homes seeking to evict a resident must now provide the reason for the transfer or discharge of a patient and specific facts such as the date, place, witnesses, and circumstances concerning the reason for the transfer or discharge. The notice must also inform residents of their right to appeal. By requiring this additional information residents of nursing homes will have the ability to understand the reasons for their discharge and their right to an appeal. Very few residents know about their appeal rights or feel confident to exercise them. Armed with this information, residents can have the confidence to exercise their right to appeal an eviction.
TIPS ON HOW TO FIGHT A NURSING HOME EVICTION
- Call the California Department of Health Care Services (DHCS) and California Department of Public Health (DPH) immediately if you are about to be transferred or discharged without the required written notice. Ask them to intervene immediately to stop the imminent eviction.
- Contact the nursing home administrator. Explain the reasons the eviction is improper. Put it in writing.
- Contact the ombudsman. The long-term ombudsman program helps residents resolve conflicts with nursing homes. An ombudsman can sometimes help an improper eviction or participate in an appeal hearing on behalf of a resident.
- Review the notice. If it does not include all the information required, raise the defects at the appeal hearing.
- Review the resident’s records. Since the resident’s health condition is often at issue, this review is essential. Do this before the hearing.
- Review the transfer or discharge plan. Challenge the plan at the hearing if the facility did not have an adequate discharge plan or is transferring the resident to a facility that won’t meet the resident’s care needs or developed the plan without consulting the resident.
Other Resources:
Bill Text – AB-1309 Long-term health care facilities: admission contracts.
Transfer and Discharge Rights – CANHR
Mandated Reporter | State of California – Department of Justice – Office of the Attorney General
AFL 21-26 (ca.gov) (Reporting elder abuse in long-term nursing facility)
Please contact Contra Costa Senior Legal Services at (925) 609-7900 if you have questions or are being evicted from a long-term care facility.