A new report from the U.S. Health and Human Services Office of Inspector General has found that considerable problems remain with illegal evictions in nursing homes and that a half-hearted federal effort to stop illegal evictions in 2017 has languished with uncertain results.

Following a number of media stories about illegal evictions, CMS issued a memo loosely aimed at increasing enforcement of the myriad protections that residents are supposed to have against poorly planned and unsafe discharges.  The OIG study found that while some eviction-related deficiencies issued against nursing homes rose in the few years since the CMS memo, there is no way of knowing whether CMS has had any kind of success in reducing illegal evictions – one, because CMS did not list measures for success and two, there is a paucity of data.

The OIG found that many of the organizations with responsibility for ensuring that resident protections are honored – CMS, state enforcement agencies, and the long-term care Ombudsman programs – are often uncoordinated when it comes to fighting illegal evictions and are hampered by a lack of eviction-related data.  The report also notes that state agencies tasked with residents’ eviction appeals often do a poor job of actually stopping or remedying illegal evictions.  

The OIG concludes its report with some modest recommendations: facility training, reengagement by CMS, and more data collection, but does not address enhanced enforcement.  A second report, on nursing homes’ compliance with eviction protections, is expected soon.

The lawsuit against CDPH was brought by Foundation Aiding the Elderly (FATE) which assists clients in filing nursing home complaints and having them resolved satisfactorily.