Fremont, OH asked in Elder Law for Ohio

Q: Can a nursing home kick out out if you have been making payments?

My father was placed into a nursing home because we could no longer care for him at home medically. He received a discharge letter from the current nursing home saying they were discharging him because of non payment even though they have been making payments since he arrived there. They currently have not said where they are discharging him too. We can not care for him at home. Can they discharge him if they have been making payments, my parents are also looking into medicaid.

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1 Lawyer Answer
Moshe Toron Esq
Moshe Toron Esq
Answered
  • Elder Law Lawyer
  • Cincinnati, OH
  • Licensed in Ohio

A: You have the right to challenge the discharge by filing an appeal with the Ohio Department of Health. It sounds like they have no proper grounds to discharge him. If you file the appeal within 10 days, then the nursing home must wait for the appeal to be decided before they do anything.

Also, either way, he must be discharged to a safe place. If you say that you can't take care of him, then they can't send him home to you. They must find him a safe place.

Also, the discharge notice is faulty if they don't name a place where he would be moved.

You should appeal it.

http://codes.ohio.gov/orc/3721.16

http://codes.ohio.gov/oac/3701-61-03

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