As our loved ones age, we entrust nursing homes with their care, expecting that they will receive the respect, support, and medical attention they need. Unfortunately, some nursing home residents face wrongful discharge or eviction, leaving them in distress and without proper care. In Washington State, federal and state laws protect elderly residents from being improperly discharged from nursing homes. However, these protections are not always upheld.
If your loved one has been wrongfully discharged from a nursing home, understanding their rights and legal remedies is crucial. Elder rights attorneys in Olympia can help families challenge unlawful discharges, hold nursing homes accountable, and seek the appropriate compensation or reinstatement for the affected residents.
What is a Wrongful Nursing Home Discharge?
A wrongful discharge from a nursing home occurs when a resident is evicted without legal justification or proper notice. While there are valid reasons for discharging a resident, nursing homes sometimes violate regulations by forcing residents to leave without following due process.
Common Unlawful Reasons for Nursing Home Evictions
- Inability to Pay – While financial concerns may arise, nursing homes must give proper notice and explore financial aid options, such as Medicaid. They cannot simply evict a resident due to delayed or denied payments.
- Medical Condition Changes – If a resident’s condition worsens, a facility cannot evict them arbitrarily. Instead, they must arrange for appropriate medical transfers or higher levels of care.
- Perceived Difficulty in Care – Some nursing homes wrongfully discharge residents they deem “too difficult” to care for, violating state and federal laws.
- Retaliation for Complaints – If a resident or their family files complaints about inadequate care, abuse, or neglect, the facility cannot retaliate by forcing them to leave.
- Unlawful Transfers to Hospitals – Some nursing homes transfer residents to hospitals and refuse to readmit them, even when the hospital stay is temporary.
Legal Protections Against Wrongful Discharges in Washington
Federal and state laws safeguard the rights of nursing home residents to prevent unjust discharges. In Washington State, key legal protections include:
Federal Nursing Home Reform Act (OBRA 1987)
The Nursing Home Reform Act establishes clear guidelines for resident transfers and discharges. Under federal law, a nursing home can only discharge a resident if:
- The resident’s health has improved, and they no longer require nursing home care.
- The facility cannot meet the resident’s medical needs (must be documented by a physician).
- The resident endangers the health or safety of others.
- The resident fails to pay for care (after reasonable efforts to arrange payments).
- The nursing home is closing down.
Additionally, the facility must provide at least 30 days’ written notice before discharge, including an explanation and the resident’s right to appeal.
Washington State Laws Protecting Residents
In Washington State, the Department of Social and Health Services (DSHS) oversees nursing home regulations and investigates complaints of wrongful nursing home discharges. Facilities must comply with state health and safety codes and ensure residents receive proper care before any transfer or eviction occurs.
Under Washington law:
- Residents have the right to appeal a discharge or transfer decision.
- Nursing homes must help find alternative placement before discharge.
- Elder rights attorneys in Olympia can file legal complaints on behalf of residents facing unjust evictions.
What to Do If Your Loved One is Wrongfully Discharged
1. Request a Written Explanation
If a nursing home attempts to discharge your loved one, request a written notice outlining the reason for the discharge. This notice should include:
- The reason for the discharge.
- The effective date of the discharge.
- Information about the resident’s appeal rights.
- The contact details for Washington’s long-term care ombudsman program.
2. File an Appeal Immediately
Residents have the right to challenge a wrongful discharge through an appeal process. In Washington, appeals should be filed with DSHS or the Office of Administrative Hearings (OAH). Once an appeal is submitted, the nursing home must allow the resident to remain in the facility until a decision is reached.
3. Seek Legal Assistance
Working with a nursing home abuse attorney in Olympia can be invaluable. An attorney can:
- Gather medical records and evidence proving that the discharge is unjustified.
- Represent the resident during the appeals process.
- Hold the nursing home accountable for violating state and federal laws.
- Seek compensation for damages if the discharge resulted in harm.
4. File a Complaint with State Agencies
Washington residents can file complaints about wrongful nursing home discharge with DSHS or the Long-Term Care Ombudsman Program. Investigators will review the facility’s actions and may intervene to prevent illegal evictions.
The Consequences of Wrongful Discharges
Unlawful discharges from nursing homes can have devastating consequences for elderly residents. These include:
- Decline in Health – Sudden relocation can cause physical and mental health deterioration.
- Increased Risk of Injury – Many residents who are discharged without a proper care plan face a higher risk of falls, medical emergencies, or complications.
- Emotional Trauma – Forced removals cause stress, anxiety, and depression in elderly residents.
- Loss of Care and Stability – Being abruptly removed from a familiar environment reduces access to essential medical care and social support.
How an Elder Rights Attorney in Olympia Can Help
Navigating a wrongful nursing home discharge case is complex. An experienced elder rights attorney in Olympia can:
- Gather evidence to prove the discharge was unlawful.
- Challenge nursing home violations in court or through state agencies.
- Negotiate with nursing homes to secure reinstatement or alternative care.
- Hold facilities accountable for elder neglect, financial abuse, or wrongful evictions.
Protecting Your Loved One’s Rights
Nursing home residents deserve dignity, stability, and proper care. If a facility attempts to wrongfully discharge your loved one, you have legal options to fight back. Whether through an appeal, complaint, or lawsuit, families must take action to prevent elder abuse and neglect in Washington’s nursing homes.
At Ron Meyers & Associates, we advocate for nursing home residents and their families, ensuring they receive fair treatment and legal protection. If your loved one is facing wrongful discharge, don’t wait—contact us today for a free consultation to explore your legal remedies and protect your family member’s rights.
