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⭒ CANHR Advocate Did You Know Articles

SNF Eviction Protections 

… that nursing homes have to meet special requirements when they are closing or changing how they operate?

If 10 or more residents are likely to be transferred, the facility must:

  • Submit a proposed relocation plan to Department of Health Services (DHS) at least 15 days before transfer notices are given. Transfer notices cannot be issued unless DHS approves the relocation plan.
  • Submit the relocation plan to the long term care ombudsman at the same time it is submitted to DHS
  • Give the residents a 30-day notice prior to the transfer
  • Inform the residents (or residents’ representative) of alternative facilities that are available and adequate to meet the residents’ and families’ needs
  • Arrange for appropriate future medical care and services

In addition, the facility must provide a team of professional staff to evaluate the relocation needs of the residents, including:

  • Completing a medical assessment of the residents’ condition and susceptibility to adverse health consequences, including recommendations for counseling and follow-up visits

If, based on the relocation assessment and relocation recommendations, appropriate placements have not been made, the residents have the right to remain in the facility for up to 60 days after the approved written notice of the facility’s right to transfer the residents. Residents have a right to appeal when they receive a transfer notice.

You can find the relevant resident protections in California Health & Safety Code §§1336, 1336.1 & 1336.2. It is very important that these, as well as other enacted protections are followed in order to minimize transfer trauma to residents. If you or a loved one has received notice that your nursing home is closing, contact CANHR right away.