Can a Nursing Home Kick You Out?
A nursing home generally cannot kick a resident out without a valid legal reason, written notice, and a safe discharge plan. Facilities that attempt an involuntary discharge without following strict federal and state rules may be violating the resident's rights, and the resident or their representative can challenge the move through an appeal or legal action.
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Legal Grounds for Discharge
Under federal regulations, a nursing home may only discharge a resident for specific reasons, including: the resident's health has improved and the facility can no longer meet their needs; the resident's welfare cannot be maintained in the facility; the resident fails to pay after proper notice and is not covered by Medicaid or other payment sources; or the facility is closing. The discharge must be in the resident's best interest or necessary for the health and safety of others in the facility.
Notice and Appeal Rights
When a nursing home plans to discharge a resident, it must provide written notice that includes the reason for the discharge, the date, the location to which the resident will be moved, and information about the right to appeal. The resident or their representative can file a state-level appeal, which typically triggers a fair hearing where the facility must prove the discharge is justified. During the appeal, the resident generally has the right to remain in the facility and continue receiving care.
What to Do If the Facility Tries to Force You Out
If a nursing home threatens an involuntary discharge, families should act quickly. Request the discharge notice in writing, review it for legal sufficiency, and contact the state long-term care ombudsman immediately. The ombudsman can investigate, mediate, and help ensure the facility follows proper procedures. Families should also document any disputes, keep copies of all correspondence, and consult an elder law attorney if the facility is pressuring a resident to leave without a legitimate reason.
What a Safe Discharge Plan Requires
A lawful discharge must include a safe transition. The facility should arrange appropriate post-discharge care, such as a new placement, home health services, or hospice, and provide a written plan that addresses medical needs, medications, and transportation. A resident cannot be simply left without a confirmed destination or the support required to maintain their health after leaving.