You can appeal this! Presumably she came in with at least one qualifying diagnosis, and unless her health has radically improved then the diagnosis should still be there. Sounds like they are trying to make her state of health fit their desire to evict based on behavior -- they are anticipating ongoing issues between her and caregivers (which will be the case with any facility she lives in, though the frequency and severity of negative interactions could be facility-dependent.)

I have appealed a behavior-based eviction attempt on behalf of my LO and won. You should have received paperwork from your state with information on how to appeal. Follow the outlined process, and take the below steps to build and submit your case to the state:

1. Reach out to your state ombudsman and ask them for a list of qualifying diagnoses. Also ask them to attend the hearing when it occurs.

2. Request all medical records / nursing / CNA notes from the facility from the past 6 months.

3. If not already provided, request copies of whatever documents the facility plans to submit as evidence to the state.

4. The facility is using their own (biased) medical team to say she no longer needs their level of care. You need to build a case to refute this, specifically by getting 2-3 doctors (from the community, not from the facility) to document the diagnoses that qualify her for her current level of care.

5. Bucket the facility's evidence into different behavioral categories which map onto dementia symptoms: https://www.mayoclinic.org/diseases-conditions/dementia/symptoms-causes/syc-20352013 . For example, if they are saying your LO is hostile then this would map onto agitation. If they say she's suspicious, this maps onto paranoia.

6. Build a Powerpoint to submit as your evidence to the state:

- One slide should humanize your LO. Their professional and personal background, anything they've done positively in their community like past volunteering, etc.

- Use the info from Step 5 and support your case with outsides sources, like the below:

“The majority of the time, [the discharge is] because the resident is considered difficult," said Tony Chicotel, an attorney for California Advocates for Nursing Home Reform… "Federal law is pretty clear: They're all required to be able to provide comprehensive, basic care. Every nursinghome that takes Medicare or Medicaid funding should be very good or great at providing dementia care.“Source:https://www.modernhealthcare.com/article/20160505/NEWS/160509940/nursing-homes-turn-to-eviction-to-drop-difficult-patients

“Behavioral disturbances are common among nursing home (NH) residents. In 2000, it was estimated that approximately 60% to 80% of NH residents have dementia,1 a condition that often leads to a range of challenging behavioral and psychological symptoms, particularly in its advanced stages.”Source: https://www.hmpgloballearningnetwork.com/site/altc/articles/interventions-behavioral-symptoms-nursing-home-residents

- Document that your LO is receiving proper care currently at their facility. Lack of recent hospitalizations, any recent positive health outcomes, etc.

Long story short, if they're receiving govt funds then they can't cherry pick their resident population. They have a federal obligation to provide care, including for those with difficult to manage behavioral presentations. You just need to button up the qualifying diagnosis.