Appealing an Involuntary Nursing Home Eviction in South Carolina
A South Carolina nursing home cannot simply kick your loved one out onto the street. Federal and state laws require a strict 30-day written notice and give you the absolute right to appeal a wrongful eviction before a state administrative judge.
Receiving a notice that your elderly parent is being involuntarily discharged from their nursing home is a terrifying experience. Families in cities like Myrtle Beach, Greenville, and Charleston often panic, believing they have only days to figure out complex medical care or move their loved one into their own living room. However, nursing homes cannot evict a resident simply because they are inconvenient or because their payment source changed.
Residents in long-term care facilities have robust rights under both federal and South Carolina state law. If you have received an eviction notice, time is critical. You must act fast to halt the discharge process. Searching our directory for a South Carolina elder law attorney can provide you with the legal firepower needed to fight the facility and keep your loved one safe.
Understanding Your Rights Under South Carolina Law
Nursing home evictions are strictly governed by the federal Code of Federal Regulations, specifically 42 C.F.R. § 483.15(c), as well as the South Carolina Bill of Rights for Residents of Long-Term Care Facilities, found at S.C. Code Ann. § 44-81-40. These laws dictate that a facility can only discharge a resident for six specific reasons, such as the facility closing, the resident no longer needing nursing care, or the resident endangering the safety of others.
Courts and administrative agencies strictly scrutinize these evictions. In precedents like Doe v. South Carolina Dept. of Health and Human Services, 398 S.C. 62 (SC Supreme Court 2011), the state has affirmed that administrative due process is required before terminating crucial health services. The burden of proof is entirely on the nursing home to prove that the eviction is legally justified.
Transitioning from Private Pay to Medicaid
One of the most common illegal reasons for an eviction occurs when a resident runs out of private life savings and transitions to Medicaid. Because Medicaid pays the facility a lower daily rate than private pay, some predatory facilities will try to evict the resident to open the bed for a wealthier client. This is strictly prohibited. If the facility is certified to accept Medicaid, they cannot discriminate or discharge a resident simply because their payment source changed to the South Carolina Department of Health and Human Services, Columbia.
Alleged Behavioral Issues and Dementia
Facilities often try to evict residents with Alzheimer's or dementia by claiming the resident's behavior is 'dangerous' or that the facility 'can no longer meet their needs.' However, nursing homes are specifically licensed and paid to manage difficult behaviors. Before they can legally evict a resident for behavioral issues, they must document that they attempted multiple interventions (like medication adjustments, therapy, or room changes) and that all interventions failed. An attorney can demand to see the resident's care plan to prove the facility failed to do its job.
Non-Payment During 'Medicaid Pending' Status
Applying for Medicaid in South Carolina can take months. During this 'Medicaid Pending' period, the facility is not getting paid. Many facilities will issue a discharge notice for 'non-payment.' However, federal guidelines clearly state that a facility cannot discharge a resident for non-payment while a Medicaid application is actively pending with the state. As long as you have filed the paperwork and are cooperating with the caseworker, the facility must wait.
The Strict 30-Day Notice Requirement
A nursing home cannot tell you on a Friday that your parent must be out by Monday. By law, the facility must provide a written notice at least 30 days prior to the proposed discharge date. This notice must include:
- The specific legal reason for the discharge.
- The proposed effective date of the eviction.
- The specific location to which the resident will be moved (which must be a safe and appropriate environment).
- Instructions on how to appeal the decision to the state.
If the notice is missing any of these elements, or if it proposes sending your parent to a homeless shelter or an unequipped relative's house, the notice is legally defective and can be thrown out by a judge.
How to Request a DHHS Hearing
If you disagree with the discharge, you have the right to request a Fair Hearing. You must file Form 3260 ME, South Carolina, Department of Health and Human Services, Request for Fair Hearing for Medicaid Applicant and Beneficiary before the 30-day notice period expires. Filing this appeal immediately places a 'stay' on the eviction, meaning the nursing home cannot force your loved one out while the appeal is pending. The hearing will be conducted by an administrative law judge who will review the facility's medical records and listen to your attorney's arguments.
| Valid Eviction Reason | The facility is closing its doors completely, or the resident's health has improved so much they no longer require nursing-level care. |
| Invalid Eviction Reason | The resident is difficult to manage due to dementia, or the resident just switched from private pay to Medicaid funding. |
Frequently Asked Questions (FAQ)
What happens if the facility tries to send my parent to the emergency room and refuses to take them back?
This is called a 'hospital dump' and it is illegal. If a resident is sent to the hospital, they have a right to return to the facility under the 'bed hold' rules, especially if they are on Medicaid. If the facility refuses readmission, you must contact the Long-Term Care Ombudsman immediately.
Do I need a lawyer for the State Fair Hearing?
While you are not legally required to have an attorney, the nursing home will undoubtedly have their corporate lawyers present. Having an experienced elder law attorney represent you levels the playing field and ensures the facility's evidence is properly challenged.
Can a facility evict my parent if I refuse to pay out of my own pocket?
No. Adult children are not legally responsible for their parent's nursing home bills. The facility can only pursue the resident's personal assets or rely on Medicaid. They cannot evict the resident simply because the family refuses to make personal donations.
Who can I call for immediate help if the facility is packing up my parent's room today?
You should immediately contact the regional office of the South Carolina Department on Aging, Columbia and ask for the Long-Term Care Ombudsman. You can also contact local law enforcement to report an unsafe, illegal eviction.
Does the 30-day notice apply in emergency situations?
There is a rare exception where the 30-day notice is not required if the resident poses an immediate, severe physical threat to the safety of other residents or staff. However, the facility must still provide written notice as soon as practicable and prove the emergency existed.
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