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PKSD Law discusses recent news reports concerning the involuntary discharges of long-term care residents happening around the country. Many of these discharges appear to violate federal rules. Could your family member be at risk?
Our knowledgeable attorneys are deeply committed to protecting residents who rely on the care provided by nursing homes. Contact our firm for a free legal consultation if your family member received a discharge notice or was wrongfully evicted and suffered harm.
Wrongful evictions are not a new occurrence, but nursing homes now appear to be taking advantage of certain changes brought about by the pandemic. The suspension of family visits and ombudsmen site inspections makes it hard to monitor activities, including involuntary discharges. The residents at greatest risk are poorer Medicaid patients, who require long-term care. Many nursing homes are edging them out to bring in more profitable patients, such as Medicare patients infected with COVID-19. These patients reportedly bring in as much as $600 more per day than what Medicaid pays.
A case-in-point is an 88-year-old male resident, who had been living at Lakeview Terrace. On April 6, 2020, this man was dropped off by Lakeview staff at an unregulated boarding house in Los Angeles without notifying his family. The man, who suffers from dementia, wandered out of the facility less than 24 hours later, unnoticed, until police found him in Koreatown, crumpled up on a sidewalk.
According to a New York Times report, three separate employees said that nursing home staff at Lakeview were being told to try to clear out poorer patients to make room for more profitable ones, such as those infected with COVID-19.
However, an official for Lakeview Terrace told the New York Times that their evictions have been appropriate and not an opportunity to take advantage of the profit-potential of taking in certain COVID-19 patients. That said, Lakeview has a known history of regulatory problems, and these evictions are also occurring in multiple nursing homes around the country.
While it is important to protect the welfare and safety of our elderly population, there are valid reasons a nursing home resident may legally be discharged, such as:
Even in situations where discharge may be necessary or appropriate, there is a planning protocol that facilities are required to follow to ensure the safety of the resident. According to Aging Care, discharge planning requires the facility to:
This protocol not only protects residents and makes sure family members are involved, but it also helps to ensure that certain patient rights are not violated, such as the right to appeal the facility’s decision.
In many states, there are no legal mandates that prevent nursing homes from involuntarily discharging nursing home residents. However, Wisconsin does have a state law for nursing homes that includes requirements for resident admissions and discharges. Unfortunately, this law includes a medical emergency condition that may enable a facility to discharge patients, without his or her permission, due to the COVID-19 pandemic.
It is important to remember that your family member has patient rights that must be followed. If your he or she receives a notice of discharge or eviction, here are some steps you can take to help ensure they are safely relocated:
Having this knowledge ahead of time will help you to be more prepared if your family member is suddenly evicted for any reason.
If you have reason to believe your love one is receiving substandard care at his or her nursing home or has been issued an involuntary discharge or eviction notice, we are prepared to help. It is urgent that you do not delay if you are considering legal action.
Contact our firm, 24/7, to arrange for a completely free consultation with one of our Wisconsin nursing home abuse lawyers to discuss your situation. We welcome the opportunity to determine how we may be able to help and discuss your potential legal options.
If we represent you, there is nothing for you to pay up front. We do not collect our fees until the end of a case, once you have received compensation due to a settlement or verdict
Call PKSD Law today at 414-333-3333 to learn more.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Jeffery A. Pitman, who has more than 28 years of legal experience and handled thousands of personal injury cases while obtaining millions of dollars in verdicts and settlements in Wisconsin, Illinois, Iowa and New Mexico.
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