Bautista LeRoy LLC, is dedicated to protecting the rights of vulnerable Missouri individuals, that blindsided by the sudden eviction of a loved one from a nursing home following a diagnosis of dementia. 

The question our client's often ask: Can a nursing home legally evict a resident because they have dementia? The answer is not always straightforward, but in many cases, such actions may be unlawful, and families should know their rights.

Bautista LeRoy LLC, Enforces the Legal Protections for Nursing Home Residents in Missouri

Federal and Missouri state laws provide significant protections to residents of nursing homes, ensuring that they are not arbitrarily discharged or evicted. Under the Nursing Home Reform Act (NHRA), part of the Omnibus Budget Reconciliation Act of 1987 (OBRA 87), a nursing home that receives Medicare or Medicaid funding can only discharge a resident under specific circumstances, including:

1. The resident's health has improved to the point that they no longer need nursing home care;
2. The facility cannot meet the resident's needs due to a significant change in their condition;
3. The resident poses a threat to the health or safety of others;
4. The resident has failed to pay for care (assuming they are not eligible for Medicaid); and
5. The facility is closing.  

Additionally, Missouri state regulations require that nursing homes provide appropriate notice before discharging a resident. The facility must work with the resident and their family to develop a safe and appropriate discharge plan. Missouri's Department of Health and Senior Services (DHSS) oversees compliance with these regulations and provides an avenue for families to file complaints against wrongful discharges.

A diagnosis of dementia alone does not automatically justify eviction. Instead, the nursing home must demonstrate that it can no longer meet the resident's needs and that no reasonable accommodations can be made to continue their care within the facility.

When Nursing Home Evictions Are Unlawful in Missouri

Unfortunately, some Missouri facilities seek to remove residents with dementia under the guise of being unable to meet their needs when, in reality, they are looking to free up space for higher-paying residents or avoid the extra care dementia patients may require. In these cases, eviction may be unlawful, particularly if:

• The nursing home accepted the resident knowing they had dementia and later attempts to remove them.
• The facility failed to properly assess and plan for dementia care.
• The nursing home did not provide adequate notice of eviction, which under federal law must be at least 30 days in advance and must include the reason for discharge, where the resident will be relocated, and how to appeal the decision.
• The resident is being transferred to a hospital or other facility temporarily and is denied reentry upon recovery. 

Families often feel helpless in these situations, but legal recourse is available. If a nursing home is wrongfully evicting a resident, families can file a complaint with Missouri's Long-Term Care Ombudsman Program, appeal the discharge, or take legal action to ensure their loved one receives the care they are entitled to receive. If this has happened to your love one with dementia, give Bautista LeRoy LLC a call at 816-221-0382.

How Our Law Firm Can Help

At Bautista LeRoy LLC,  we specialize in holding negligent and abusive nursing homes accountable in Missouri. If your loved one has been unfairly evicted or is facing an unjust discharge due to dementia, our experienced attorneys can:

• Review the circumstances of the eviction to determine if it violates state or federal laws;
• File an appeal and advocate for the resident's right to remain in the facility;
• Pursue claims for damages if the eviction led to harm, including emotional distress or health deterioration; and
• Assist in negotiating with the facility to find a fair and legal resolution. 

We understand that placing a loved one in a nursing home is a difficult decision, and Missouri families trust these facilities to provide compassionate, professional care. When that trust is broken, Bautista LeRoy LLC can help ensure justice and accountability.

Take Action Against Unlawful Nursing Home Evictions in Missouri

If your loved one is being threatened with eviction due to a dementia diagnosis, you do not have to face this fight alone. Contact Bautista LeRoy LLC  at 816-221-0382, for a free consultation. We will stand by your side, protect your loved one's rights, and ensure that nursing homes in Missouri fulfill their legal and ethical obligations to those in their care.  Your loved one deserves dignity, respect, and proper care. Let Bautista LeRoy LLC, help you fight for their rights.