When a loved one is diagnosed with dementia, helping to ensure their long-term care and stability becomes a top priority. Families often face emotional and financial strain as they seek the best environment to support their relative’s changing needs. However, one of the most distressing challenges that can arise is the possibility of dementia eviction.
This happens when a long-term care facility discharges or refuses to continue housing a patient due to behavioral issues, inability to pay or increasing care demands. This issue raises an important question: can Medicaid, the government-funded health insurance program, actually protect your loved one from being evicted from their care facility?
Understanding dementia eviction
Dementia eviction occurs when nursing homes or assisted living facilities discharge residents with dementia, often claiming that they can no longer meet the person’s care needs. In some cases, it happens because the resident’s family can no longer afford private-pay rates, prompting facilities to seek new residents who can pay more. These evictions can be emotionally traumatic and medically risky, especially when patients are abruptly relocated.
Medicaid’s role in protecting residents
Medicaid can offer some protection against dementia eviction, especially once a resident qualifies for coverage. When a person transitions from private pay to Medicaid, the program begins to cover long-term care costs, including nursing home services, which can prevent evictions triggered by the inability to pay.
Under federal law, facilities that accept Medicaid cannot discharge residents solely because they switch from private pay to Medicaid. This is a crucial safeguard, as it helps ensure continuity of care and prevents facilities from prioritizing higher-paying residents over those supported by public funding. Additionally, Medicaid helps cover the ongoing costs of room, board and medical care that might otherwise overwhelm families.
Medicaid can play a vital role in protecting loved ones with dementia from eviction. However, gaps in enforcement and facility compliance can still expose vulnerable residents to displacement. Families whose loved ones have been evicted from a long-term care facility should enlist dedicated legal support to determine what advocacy options are available.