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Termination and Closure of Poor Quality Nursing Homes: What Are the Options?

Nursing homes can be terminated from participation in Medicaid and Medicare when they pose the risk of "immediate jeopardy" to residents or when they have been out of substantial compliance with federal nursing home regulations for six months. Since federal funds often account for a major portion of operating monies, termination inherently jeopardizes the continued operation of these nursing homes. In this AARP Public Policy Institute Issue Paper, Erica Wood of the American Bar Association Commission on Legal Problems of the Elderly examines the closing of seven nursing homes under such circumstances and explores alternatives to termination, including receivership, and strategies for the protection of residents when nursing homes close. (79 pages)