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Dear Advocate…
Unlawful eviction: What can I do to get my mother back into her facility?


Dear Advocate:

My mother, a Medi-Cal recipient, is being evicted from her nursing home facility unlawfully. She had to be transferred to the emergency room from her facility due to a serious fever. Six days later she was ready for discharge and allowed to return to the nursing home facility. The facility administrator refused to readmit my mother back into the facility, without stating a substantial reason or any violation committed allowing a legal eviction. What can I do to get my mother back into her facility?

Sincerely,
Upset in Upland

Dear Upset,

Nursing home residents have the right to be readmitted after a hospital stay. Whenever a resident is transferred to a hospital, the nursing home must allow the resident or a family member to hold their bed for up to seven days (22 Cal. Code of Regulations §72520). This is called a bed hold. If the resident is on Medi–Cal, the Medi–Cal program will pay for the bed hold for up to seven days (22 Cal. Code of Regulations §51535.1).

Any resident on Medi–Cal has a right to be readmitted to a nursing home even if the resident’s hospital stay exceeds seven days.

The facility’s refusal to honor a bed hold or readmit a resident following a hospital stay will be treated as an involuntary transfer, allowing the resident the right to appeal the transfer (Cal. Health & Safety Code §1599.1(h)). To request an appeal, call the Transfer/Discharge and Refusal to Readmit Unit of the Department of Health Care Services at (916) 445-9775 or (916) 322-5603 and ask for a readmission appeal.

See the “Transfer and Discharge Rights” section below for more information regarding appeals:
www.canhr.org/factsheets/nh_fs/html/fs_transfer.htm

Page Last Modified: September 4, 2014