In today’s climate of budget cuts, nursing facilities are likely to withdraw from the Medi-Cal program more than ever before. When this happens, it is important to know your rights:
- Except for transfers/discharges for documented medical reasons, residents’ welfare, nonpayment or facility closure, the facility cannot evict any resident, whether Medi-Cal or private pay, residing in the facility at the time it files notice of intent to withdraw from Medi-Cal.
- If you are on Medi-Cal at the time the facility files notice of intent to withdraw, the facility must still accept Medi-Cal payments on your behalf for the duration of your stay.
- If you are a private pay resident at the time the facility files notice of intent to withdraw, you can still afterwards convert to Medi-Cal. The facility cannot evict you for doing so. They can, however, transfer you from a private to a semi-private room when you convert to Medi-Cal.
- Both orally and in writing, a facility must advise any resident admitted on or after the date of the notice of intent to withdraw from Medi-Cal of two things:
- That the facility intends to withdraw from the Medi-Cal program
- That the facility is not required to keep a new resident who converts from private pay to Medi-Cal
- To file a complaint about residents’ rights violations, contact your district Department of Health Services, Licensing & Certification Division.
- For more information about your residents’ rights, contact your local ombudsman or the CANHR office at 1-800-474-1116.