The short answer
A nursing home may transfer or discharge a resident against the resident's wishes only for limited reasons: the facility cannot meet the resident's needs, the resident's health has improved, the resident endangers the safety or health of others, the resident has failed to pay after notice, or the facility is closing. The facility generally must give 30 days' written notice explaining the reason and the right to appeal, and in most cases cannot discharge the resident while an appeal is pending.
The notice
A discharge notice must be in writing, state the reason and effective date, say where the resident will go, explain how to appeal, and give contact information for the Long Term Care Ombudsman. A copy must go to the Ombudsman. Shorter notice is allowed only in limited situations, such as an emergency or when the resident has been in the facility less than 30 days.
What to do
- Ask for the notice in writing if you only got a verbal warning.
- Appeal right away, following the instructions in the notice. In New York, appeals are heard by the Department of Health.
- Call the Ombudsman at 1-855-582-6769.
- Be cautious about "hospital dumping": a facility refusing to readmit a resident after a hospital stay. Residents generally have the right to return to the facility after hospitalization.
Discharge as retaliation
A discharge threat that follows family complaints is a red flag. Residents and families may voice grievances without reprisal.
The rules behind this
- 42 C.F.R. § 483.15 (admission, transfer and discharge)
- 10 NYCRR § 415.3
Related questions
This guide provides general information, not medical or legal advice. Rules change; confirm current requirements with the facility, the New York State Department of Health or a professional. Attorney Advertising.