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NURSING HOME HOSPITAL DUMPING
A New Form Of Elder Abuse?
The Law Office of Kevin P. Kane, ESQ.
AT THE LAW OFFICE OF KEVIN P. KANE,
WE TAKE A STRONG STANCE AGAINST
ELDER ABUSE.
This abuse can take
many forms –
includin...
IN THIS PRESENTATION, YOU’LL LEARN:
• What hospital dumping is and how it
affects vulnerable elders
• Why nursing homes ar...
NURSING HOME
RESIDENTS
HAVE RIGHTS:
• They can’t be evicted
without a valid reason.
• State and federal law give
Medi-Cal ...
WHAT IS HOSPITAL DUMPING?
Put simply, it’s an underhanded approach
that some nursing homes use to get rid of
undesirable p...
WHYARE
VULNERABLE
ELDERSBEING
SHUTOUTOF
THEIR
NURSING
HOMES?
FINANCIAL MOTIVES
Nursing homes have a financial incentive to
get rid of Medi-Cal patients and free up beds
for higher pay...
SILENCING THE SQUEAKY WHEEL
Nursing homes also dump
patients who complain too
much or have squeaky
wheel relatives.
WHY CHALLENGING THE EVICTION RARELY WORKS
Even though hospital dumping is illegal, many
nursing homes refuse to budge, eve...
FIGHTING FIRE WITH FIRE
There’s another way to hold
nursing homes accountable.
The answer lies in
California’s elder
abuse...
WHAT IS ELDER ABUSE?
The law defines financial elder abuse as any
action that deprives an elder of a property right.
Illeg...
For hospital dumping to qualify as financial
elder abuse, the nursing home must also
know that it’s likely to cause harm.
...
A CLAIM THAT HAS TEETH
Framing illegal evictions as elder abuse opens
the door to real financial consequences for
nursing ...
FREE WHITE PAPER
Share the white paper
With thousands – or
millions – of dollars on the
line, nursing homes can’t
ignore t...
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Nursing Home “Hospital Dumping”: A New Form Of Elder Abuse?

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Nursing homes are increasingly “dumping” undesirable patients on hospitals. This unfortunate practice may amount to financial elder abuse under California law. Read more about this type of nursing home abuse and what you can do about it.

Published in: Law
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Nursing Home “Hospital Dumping”: A New Form Of Elder Abuse?

  1. 1. Presented by NURSING HOME HOSPITAL DUMPING A New Form Of Elder Abuse? The Law Office of Kevin P. Kane, ESQ.
  2. 2. AT THE LAW OFFICE OF KEVIN P. KANE, WE TAKE A STRONG STANCE AGAINST ELDER ABUSE. This abuse can take many forms – including hospital dumping, an alarming trend among California nursing homes.
  3. 3. IN THIS PRESENTATION, YOU’LL LEARN: • What hospital dumping is and how it affects vulnerable elders • Why nursing homes are evicting seniors for unlawful reasons • What you can do about it
  4. 4. NURSING HOME RESIDENTS HAVE RIGHTS: • They can’t be evicted without a valid reason. • State and federal law give Medi-Cal patients important bed-hold rights when they have to go the hospital or ER.
  5. 5. WHAT IS HOSPITAL DUMPING? Put simply, it’s an underhanded approach that some nursing homes use to get rid of undesirable patients. It happens when seniors make a trip to the hospital or ER, only to find that they find they aren’t allowed back to their nursing home. Effectively, they’ve been evicted.
  6. 6. WHYARE VULNERABLE ELDERSBEING SHUTOUTOF THEIR NURSING HOMES?
  7. 7. FINANCIAL MOTIVES Nursing homes have a financial incentive to get rid of Medi-Cal patients and free up beds for higher paying Medicare and private-pay residents.
  8. 8. SILENCING THE SQUEAKY WHEEL Nursing homes also dump patients who complain too much or have squeaky wheel relatives.
  9. 9. WHY CHALLENGING THE EVICTION RARELY WORKS Even though hospital dumping is illegal, many nursing homes refuse to budge, even after residents file administrative appeals – and win. Approximately 95 percent of evicted patients in these situations win their appeals. Yet hardly any get to take back the bed that’s rightfully theirs. The administrative appeals process simply has no teeth.
  10. 10. FIGHTING FIRE WITH FIRE There’s another way to hold nursing homes accountable. The answer lies in California’s elder abuse law.
  11. 11. WHAT IS ELDER ABUSE? The law defines financial elder abuse as any action that deprives an elder of a property right. Illegal evictions deprive elders of important property rights – namely, their right to reside in the nursing home.
  12. 12. For hospital dumping to qualify as financial elder abuse, the nursing home must also know that it’s likely to cause harm. The trauma of an unlawful eviction takes a physical and emotional toll on seniors. For many, their nursing home is the only home they have. Losing their home often leads to a downward spiral of declining health.
  13. 13. A CLAIM THAT HAS TEETH Framing illegal evictions as elder abuse opens the door to real financial consequences for nursing homes. A successful claim could result in:
  14. 14. FREE WHITE PAPER Share the white paper With thousands – or millions – of dollars on the line, nursing homes can’t ignore these claims. Read more about nursing home hospital dumping as a form of elder abuse. Download our free white paper, After ER Trips, Can Nursing Homes Evict?, and visit our website to learn more. © 2015 by The Law Office of Kevin P. Kane, Esq. All rights reserved. Design and editorial services by FindLaw, part of Thomson Reuters.

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