Number: RS20118
Title: NURSING HOME EVICTIONS OF MEDICAID PATIENTS FOLLOWING VOLUNTARY WITHDRAWAL FROM MEDICAID PROGRAM: CURRENT ISSUES AND CONGRESSIONAL RESPONSE
Authors: Kathleen S. Swendiman, American Law Division 
Abstract: Nursing facilities that choose to participate in the Medicaid program must comply with specific requirements relating to patients' rights, including transfer and discharge procedures. However, once a facility has voluntarily withdrawn from the Medicaid program, transfer and discharge protections no longer apply to residents in the facility. In 1998, the Vencor Corporation evicted large numbers of Medicaid residents from its nursing homes pursuant to its decision to withdraw from the Medicaid program. Congressional response following the Vencor case included consideration of H.R. 540 and S. 494, 106th Congress companion bills prohibiting transfers or discharges of residents of nursing facilities as a result of a voluntary withdrawal from participation in the Medicaid program. The House passed H.R. 540 on March 10th. On March 15th the Senate voted unanimously to pass S. 494, President Clinton signed the measure into law on March 25, 1999.
Pages: 3
Date: Updated March 29, 1999