Can a Nursing Home Kick You Out for Non-Payment in Florida?

Nursing home bills are piling up, and your loved one’s savings are nearly exhausted. You’re left wondering what happens when the money runs out. Can a Florida nursing home simply kick your family member out and leave them with nowhere to go?

The answer involves federal protections, state regulations, and the type of payment your loved one receives. Let’s break down exactly what Florida law allows and what it prohibits.

Florida Nursing Homes Cannot Kick You Out Simply for Non-Payment

Here’s the most important thing you need to know: federal law protects nursing home residents from discharge based solely on inability to pay.

Under the Federal Nursing Home Reform Act, facilities that accept Medicare or Medicaid must follow strict rules about resident discharges.

A nursing home cannot discharge a resident for non-payment if:

• The resident qualifies for Medicaid
• The resident has applied for Medicaid and the application is pending
• The facility accepts Medicaid as payment

When Can a Florida Nursing Home Legally Discharge a Resident

While facilities cannot discharge someone solely for non-payment, federal regulations do permit discharge under specific circumstances.

Legal reasons for discharge include:

• The resident’s health has improved and nursing home care is no longer necessary
• The resident’s medical needs cannot be met by the facility
• The safety or health of other residents is endangered
• The resident no longer needs a nursing home level of care
• The facility is closing

Notice requirements:

When a nursing home plans to discharge a resident, they must provide written notice at least 30 days in advance.

The notice must include:

• The reason for discharge
• The effective date
• The location where the resident will be transferred
• The right to appeal the discharge
• Contact information for the State Long-Term Care Ombudsman

You have the right to appeal.

If you believe a discharge is improper, you can request a hearing to challenge it. The facility cannot discharge your loved one while the appeal is pending except in emergency situations.

What Happens When You Cannot Pay the Nursing Home Bill

When private funds run low, families have options beyond worrying about discharge.

The facility will typically:

• Notify you that funds are running low
• Offer assistance with the Medicaid application
• Work with you to establish a payment plan
• Help gather the required documentation

Most Florida nursing homes have financial counselors or social workers specifically trained to help families transition to Medicaid.

Your immediate action steps:

Start the Medicaid application process before the money is completely gone. Ideally, begin when you have two to three months of private pay remaining.

The timeline matters:

Florida’s Medicaid application can take 45 to 90 days to process. Starting early prevents a gap in payment coverage.

What is Medicaid Pending Status in Florida?

“Medicaid pending” is a crucial protection for nursing home residents who have applied for benefits but haven’t yet received approval.

During the pending period:

• The nursing home cannot discharge you for non-payment
• You must continue making payments if you have available funds
• The facility must hold your bed
• Your care continues without interruption

What you need to provide:

Proof that you’ve submitted a Medicaid application to Florida’s Department of Children and Families.

This typically includes:

• A copy of the application submission
• Application receipt or confirmation number
• Correspondence from DCF

If Medicaid denies your application:

The nursing home can then pursue discharge if bills remain unpaid. However, you have appeal rights and should exercise them if you believe the denial was incorrect.

Private Pay Agreements and Your Rights

When your loved one first enters a nursing home as a private-pay resident, you likely signed an admission agreement.

What these agreements typically include:

• Daily or monthly rate
• Payment due dates
• Services covered
• Policies on late payment

What these agreements cannot include:

• Waiver of federal discharge protections
• Requirements that prevent Medicaid application
• Penalties for applying for Medicaid
• Mandatory third-party guarantees of payment

A critical point about third-party guarantees:

Family members who sign admission paperwork are not automatically responsible for paying the bill.

If someone did sign as a “responsible party,” that signature typically only obligates them to apply for benefits on behalf of the resident, not to pay bills from their own funds.

What to Do If You Receive a Discharge Notice

If the nursing home provides written notice of discharge, take immediate action.

First, determine the stated reason:

• Is it truly medical or safety-related?
• Is it actually about non-payment?
• Does the facility claim your loved one no longer needs nursing home care?

Second, verify Medicaid status:

• Has your application been submitted?
• Is it still pending?
• Have you provided all the requested documentation?

Third, exercise your appeal rights:

Contact the Florida Long-Term Care Ombudsman Program immediately. They provide free advocacy services for nursing home residents facing discharge.

Fourth, document everything:

• Keep copies of all discharge notices
• Save correspondence with the facility
• Record dates and details of conversations
• Gather medical records supporting the continued need for care

Fifth, seek legal counsel:

An elder law attorney can review the discharge notice, assess whether it violates federal protections, and represent you in appeals if necessary.

Special Protections for Medicaid Recipients

Once Medicaid approval comes through, additional protections apply.

Medicaid-certified facilities must:

• Accept the Medicaid reimbursement rate as payment in full
• Continue providing the same level of care
• Not discharge residents who become Medicaid beneficiaries
• Not move residents to less desirable rooms based on payment source

Prohibited discrimination:

Florida law and federal regulations prohibit nursing homes from treating Medicaid residents differently from private-pay residents in terms of quality of care, room assignment, or services provided.

When Financial Problems Become Discharge Threats

Some facilities may pressure families by suggesting discharge is imminent due to unpaid bills.

Red flags that indicate improper pressure:

• Threats of immediate discharge without proper notice
• Refusal to assist with Medicaid applications
• Claims that the facility “doesn’t take Medicaid” when they actually do
• Pressure to remove your loved one before Medicaid approval
• Demands that family members pay from their personal funds

These tactics may violate federal law.

Nursing homes cannot use financial pressure to force the premature discharge of residents who qualify for Medicaid or have applications pending.

Protecting Your Rights When Facing Non-Payment Issues

The fear of discharge due to non-payment is real, but understanding your protections changes everything. Federal law provides strong safeguards for nursing home residents, and Florida’s Medicaid program offers a path to continued care coverage.

At Berg Bryant Elder Law Group, we help Northeast Florida families understand their rights when facing nursing home payment challenges. Our Florida Board Certified Elder Law Attorneys can assess whether a discharge notice violates federal protections, assist with Medicaid applications, and represent you in appeals if necessary.

Don’t face discharge threats alone. Contact us today to schedule a consultation and learn how we can protect your loved one’s right to continued care.