Nursing homes are increasingly “dumping” undesirable patients on hospitals. This unfortunate practice may amount to financial elder abuse under California law. Read more about this type of nursing home abuse and what you can do about it.

1. Presented by
NURSING HOME HOSPITAL DUMPING
A New Form Of Elder Abuse?
The Law Office of Kevin P. Kane, ESQ.

2. AT THE LAW OFFICE OF KEVIN P. KANE,
WE TAKE A STRONG STANCE AGAINST
ELDER ABUSE.
This abuse can take
many forms –
including hospital
dumping, an
alarming trend
among California
nursing homes.

3. IN THIS PRESENTATION, YOU’LL LEARN:
• What hospital dumping is and how it
affects vulnerable elders
• Why nursing homes are evicting
seniors for unlawful reasons
• What you can do about it

4. NURSING HOME
RESIDENTS
HAVE RIGHTS:
• They can’t be evicted
without a valid reason.
• State and federal law give
Medi-Cal patients important bed-hold rights
when they have to go the hospital or ER.

5. WHAT IS HOSPITAL DUMPING?
Put simply, it’s an underhanded approach
that some nursing homes use to get rid of
undesirable patients. It happens when seniors
make a trip to the hospital or ER, only to find
that they find they aren’t allowed
back to their nursing home.
Effectively, they’ve
been evicted.

6. WHYARE
VULNERABLE
ELDERSBEING
SHUTOUTOF
THEIR
NURSING
HOMES?

7. FINANCIAL MOTIVES
Nursing homes have a financial incentive to
get rid of Medi-Cal patients and free up beds
for higher paying Medicare and private-pay
residents.

8. SILENCING THE SQUEAKY WHEEL
Nursing homes also dump
patients who complain too
much or have squeaky
wheel relatives.

9. WHY CHALLENGING THE EVICTION RARELY WORKS
Even though hospital dumping is illegal, many
nursing homes refuse to budge, even after
residents file administrative appeals – and win.
Approximately 95 percent of evicted patients in
these situations win their appeals. Yet hardly any
get to take back the bed that’s
rightfully theirs.
The administrative appeals
process simply has no teeth.

10. FIGHTING FIRE WITH FIRE
There’s another way to hold
nursing homes accountable.
The answer lies in
California’s elder
abuse law.

11. WHAT IS ELDER ABUSE?
The law defines financial elder abuse as any
action that deprives an elder of a property right.
Illegal evictions deprive
elders of important
property rights –
namely, their right to
reside in the
nursing home.

12. For hospital dumping to qualify as financial
elder abuse, the nursing home must also
know that it’s likely to cause harm.
The trauma of an unlawful eviction takes a
physical and emotional toll on seniors. For
many, their nursing home is the
only home they have. Losing
their home often leads to
a downward spiral of
declining health.

13. A CLAIM THAT HAS TEETH
Framing illegal evictions as elder abuse opens
the door to real financial consequences for
nursing homes.
A successful claim could result in:

14. FREE WHITE PAPER
Share the white paper
With thousands – or
millions – of dollars on the
line, nursing homes can’t
ignore these claims.
Read more about nursing home hospital
dumping as a form of elder abuse.
Download our free white paper, After
ER Trips, Can Nursing Homes Evict?, and
visit our website to learn more.
© 2015 by The Law Office of Kevin P. Kane, Esq. All rights reserved. Design and editorial services by FindLaw, part of Thomson Reuters.