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New Jersey elder law: Dealing with nursing home evictions

An article was recently published about elderly and disabled people all across America being evicted from nursing homes for their inability to pay. Apparently, this happens quite frequently, and it leaves those affected scrambling for help. Not many people in New Jersey or elsewhere may realize this, but it is illegal to evict patients from nursing homes without giving them proper notice or allowing them to appeal to their insurance providers. With the assistance of an experienced elder law attorney, those who have been evicted may be able to fight back.

According to the article, thousands of individuals are discharged from nursing homes every single year because their money is running out. It does not matter if they are still in need of care. It all comes down to the almighty dollar.

Those most often evicted are low-income patients on Medicaid; however, many are insured through Medicare. The right to appeal coverage decisions with their insurance providers is often not explained to them. Instead, it is information that is buried in paperwork. Thinking they have no other options, they end up agreeing to leave or are forced out.

Nursing homes do have the right to expect payment for services; they are businesses, after all. However, they cannot be too quick to kick elderly and disabled individuals out. Those in New Jersey who believe that they or their loved ones were wrongfully evicted from a nursing home may be entitled to seek compensation for their losses. An elder law attorney can help one determine the best course of action for this type of situation.

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Thomas N. Torzewski, LLC

Torzewski & McInerney, LLC
60 Washington St
Suite 104
Morristown, NJ 07960

Phone: 973-532-2868
Fax: 973-359-0077
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