Nursing Home Evictions in Florida: What You Need to Know

When a loved one lives in a nursing facility, understanding their rights regarding eviction is essential. Many Florida families face confusing situations when a nursing home attempts to discharge a resident without proper cause. Let's examine what constitutes valid grounds for eviction and which reasons facilities often provide that are actually inappropriate.

Valid Reasons for Nursing Home Eviction in Florida

Florida nursing homes may only evict residents for the following legitimate reasons:

1. Failure to pay or lack of payment source (Medicare, Medicaid, or private pay)
2. The resident poses a physical danger to others in the facility
3. The resident endangers the health of others in the facility
4. The resident no longer needs nursing facility care

Common Invalid Reasons Facilities Try to Use

Nursing homes sometimes attempt to evict residents using reasons that are not legally acceptable:

• "Your loved one is too demanding or needs too much attention"
• "They complain constantly"
• "We require two staff members to move them, and we don't have adequate staffing"

These are not legitimate grounds for eviction. Nursing facilities are obligated to provide care for residents with various needs, including those who require additional assistance or have difficult behaviors. Residents have the right to voice complaints without fear of eviction.

Pending Medicaid Applications Protect Against Eviction

An important protection exists for residents applying for Medicaid. While a Medicaid application is pending:

• The facility cannot evict the resident for non-payment
• The resident is only responsible for their income minus a personal needs allowance
• The facility will eventually receive payment, as Medicaid benefits are retroactive to the first day of the month in which the application was submitted

The "No Medicaid Bed" Myth

If a facility claims there's "no Medicaid bed available," this is not a valid reason for eviction. Nursing homes have the ability to register any bed as a Medicaid bed—this is their responsibility, not yours or your loved one's.

Safe Discharge Requirements

Even when an eviction is appropriate (such as when a resident improves and no longer needs nursing facility care), the facility must:

• Provide for a safe discharge to an appropriate setting
• Use their resources, including discharge planners and social workers, to help find suitable alternative living arrangements
• Not discharge a resident who needs extensive care without ensuring that care will be available

Hospital Stays and Bed Holds

Florida nursing homes must hold a resident's bed for a certain period (approximately 15 days) when the resident is temporarily hospitalized. If the resident is able to return within this timeframe, the facility cannot refuse their return.

Getting Help with Nursing Home Issues

If you're dealing with a potential nursing home eviction in Florida, getting proper legal advice is crucial. An elder law attorney can help you challenge improper evictions and protect your loved one's rights.

By knowing these rules, you can better advocate for yourself or your loved one in Florida's nursing care system and ensure they receive the care they deserve.

Our firm focuses on helping Florida seniors and their families with Medicare planning, Medicaid qualification, and protecting assets while securing necessary care.

Visit us at elderneedslaw.com or medicaidplanninglawyer.com to learn more about how we can help you with Medicare and Medicaid planning in Florida.

Resources for Florida Seniors

For more in-depth information on Medicaid planning and how to cover long-term care expenses, check out our book: "Medicaid To Pay Some Of Your Long-Term Care Expenses"