AARP Foundation Sues Nursing Home To Stop Illegal Evictions

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A California judge could decide Tuesday if Gloria Single will be reunited with her husband, Bill. She's 83 years old. He's 93. The two have been married for 30 years. They lived in the same nursing home until last March, when Gloria Single was evicted without warning.

Her situation isn't unique. Nationwide, eviction is the leading complaint about nursing homes. In California last year, more than 1,500 nursing home residents complained that they were discharged involuntarily. That's an increase of 73 percent since 2011.

In court documents, Pioneer House paints a more troubling picture of Gloria Single. They say that she became aggressive with staff and threw some plastic tableware. So Pioneer House called an ambulance and sent her to a hospital for a psychological evaluation. The hospital found nothing wrong with her, but the nursing home wouldn't take her back. They said they couldn't care for someone with her needs.

Jones protested his mother's eviction to the California Department of Health Care Services. The department held a hearing. Jones won.

"I expected action — definitely expected action," says Jones.

Instead, he got an email explaining that the department that holds the hearings has no authority to enforce its own rulings. Enforcement is handled by a different state agency. He could start over with them.

This Catch-22 situation attracted the interest of the legal wing of the AARP Foundation. Last year, attorneys there asked the federal government to open a civil rights investigation into the way California deals with nursing home evictions. Now, they're suing Pioneer House and its parent company on Gloria Single's behalf. It's the first time the AARP has taken a legal case dealing with nursing home eviction.

"We certainly hope we can get Mrs. Single some relief," says William Alvarado Rivera, the foundation's senior vice president for litigation. "But we also hope that there is a lesson to be learned by facilities — that there will be accountability for their failure to respect the due process rights of their residents."


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