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Center for Medicare Advocacy Issues Alert on Illegal Medicare
“Discharges” by Skilled Nursing Facilities


On January 13, 2016, the Center for Medicare Advocacy (CMA) published a terrific new alert on the discharge rights of skilled nursing facility residents. The alert warns against the increasingly common practice of skilled nursing facilities forcing out residents after Medicare-funded stays by misinforming them about Medicare decisions and their right to stay in the facilities. These illegal evictions have drawn national media attention because they trample on both Medicare and discharge rights of nursing home residents. The CMA alert puts it this way:  “The truth is that when a SNF tells a beneficiary that he or she is “discharged,” (1) at that point, Medicare has not yet made any determination about coverage and (2) a resident cannot be evicted solely because Medicare will not pay for the stay.”