Or Strongly Suggest To My Family That I Better Move?

By: Indiana Legal Services, Inc.

October 2015
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Your nursing home may not kick you out unless one of six reasons applies.

For what reasons can I be discharged from my nursing home? 

A nursing home may discharge you ONLY for one of the following six reasons:

  1. A transfer is need due to your health and the nursing home cannot meet your needs;
  2. Your health has improved and you don’t need nursing home care anymore;
  3. You endanger the safety of individuals in the nursing home;
  4. You endanger the health of individuals in the nursing home;
  5. You fail to pay your bill; and
  6. The nursing home closes.

Where can my nursing home send me? 

Your nursing home must plan for your care after you leave.  The nursing home cannot send you to the home of a relative if that relative is unable or unwilling to care for you.  The nursing home cannot leave you at a homeless shelter, unless the homeless shelter can take care of you.  The nursing home may send you to another nursing home or to a medical facility that can better meet your needs.  The nursing home may send you home, as long as it arranges for services you need to live at home safely.

Does my nursing home have to give me notice if it plans to move me out?

Yes.  Unless it is an emergency, the nursing home must give you thirty days’ notice if it plans to kick you out.

What if I disagree with my nursing home’s decision? 

You have the right to request a hearing.  The nursing home must provide a form to request a hearing with the notice of transfer or discharge.  You have to mail your request for hearing to the Indiana State Department of Health within ten days of when you receive the notice.  If requested, the state will conduct a hearing at your nursing home.

Can I get help with my hearing? 

Yes.  The nursing home is required to give you the name, address, and telephone number for the long term care ombudsman when it gives you the notice of transfer or discharge.  You may call the ombudsman for help with your hearing.

 

This information is provided as a public service by Indiana Legal Services, Inc.  This is not legal advice.  Indiana Legal Services, Inc., provides free legal services including advice to low income individuals and to individuals over the age of 60.  New applications are accepted by telephone on Tuesdays from 11:00 a.m. to1:00 p.m. CST and on Wednesdays from 9:00 a.m. to 11:00 a.m. CST.  For more information call toll free 1-800-852-3477.        You may submit questions for future columns to katherine.rybak@ilsi.net.