What Are Your Loved One's Rights When a Nursing Home Tries to Discharge Them? A 2026 Legal Guide

What Are Your Loved One's Rights When a Nursing Home Tries to Discharge Them? A 2026 Legal Guide

When a nursing home attempts to discharge a resident, it can be a stressful and confusing experience for families. However, nursing home residents are protected by federal and state laws that outline their rights. Understanding these legal protections is critical to ensuring your loved one is treated fairly and lawfully. This guide explains residents' rights, common reasons for discharges, and what you can do to challenge an improper or unlawful discharge.

Federal Protections for Nursing Home Residents

Nursing home residents in the United States are protected under the Nursing Home Reform Act, a part of the Omnibus Budget Reconciliation Act of 1987. This law establishes specific rights for residents of facilities that accept Medicare or Medicaid funding. Among these rights is protection against improper discharges or transfers.

According to federal law, a nursing home can only discharge or transfer a resident for the following reasons:

1. The facility cannot meet the resident's needs.
2. The resident no longer requires the services provided by the facility.
3. The safety of other residents is endangered.
4. The health of other residents is endangered.
5. The resident has failed to pay for their care (after reasonable notice).
6. The facility is closing.

Any discharge or transfer outside these six reasons may be considered unlawful.

Notice Requirements for Nursing Home Discharges

Before discharging or transferring a resident, the nursing home must follow specific notice requirements. These include:

• Written Notice: The facility must provide written notice of the discharge at least 30 days in advance (with limited exceptions).
• Contents of the Notice: The notice must include:
• The reason for the discharge.
• The proposed discharge date.
• The location where the resident will be transferred.
• Information on how to appeal the decision.
• Contact details for long-term care ombudsman programs and legal aid services.

Failure to follow these requirements could render the discharge invalid.

Common Reasons for Improper Discharges

Some nursing homes may attempt to discharge residents for unlawful or improper reasons. Common examples include:

• Discrimination: Discharging a resident based on race, religion, or disability is illegal.
• Retaliation: Removing a resident after complaints about care.
• Financial Motivation: Attempting to discharge residents who rely on Medicaid for payment.

If you suspect the discharge is improper, you can take action to protect your loved one.

How to Challenge a Nursing Home Discharge

If you believe your loved one’s discharge is unlawful, you have the right to appeal the decision. Here’s how:

1. File an Appeal: Contact your state’s Medicaid office or the agency responsible for nursing home oversight. The written discharge notice will include instructions for filing an appeal.
2. Request a Stay: During the appeal process, your loved one cannot be moved unless their health or safety is at risk.
3. Work with an Advocate: Consider contacting a long-term care ombudsman. These professionals provide free assistance to residents and their families.
4. Seek Legal Help: If the discharge violates your loved one’s rights, consult an attorney experienced in elder law to explore your legal options.

Preventing Discharge Issues

To reduce the likelihood of discharge-related conflicts, consider the following tips:

• Stay Informed: Understand your loved one’s rights under federal and state laws.
• Maintain Communication: Regularly communicate with nursing home staff to address concerns early.
• Document Everything: Keep records of all communications and care plans.

By staying proactive, you can help protect your loved one from unexpected and improper discharges.

Frequently Asked Questions

What are the main reasons a nursing home can discharge a resident?

A nursing home can discharge a resident if it cannot meet their needs, if the resident no longer requires care, if the safety or health of others is at risk, if the resident fails to pay, or if the facility is closing. All discharges must comply with federal and state laws.

Can a nursing home discharge a resident without notice?

In most cases, nursing homes must provide at least 30 days' written notice before discharging a resident. Exceptions may apply if the resident’s health or safety is at immediate risk.

Who can help if I want to challenge a nursing home discharge?

You can contact a long-term care ombudsman, your state Medicaid office, or an elder law attorney. These professionals can help you appeal the discharge and protect your loved one’s rights.

Can a nursing home discharge someone for non-payment if they’re on Medicaid?

No, a nursing home cannot discharge a resident solely for being on Medicaid. However, if the resident fails to pay their required share or if Medicaid coverage is denied, the nursing home may initiate a discharge process.

What is a long-term care ombudsman?

A long-term care ombudsman is an advocate who assists nursing home residents and their families. They help resolve disputes, provide information about resident rights, and guide families through the appeal process.

Disclaimer: This content is provided for informational and educational purposes only and is not legal advice. Use of this article, the app, or the website does not create an attorney–client relationship. Laws vary by jurisdiction and may change over time. The information provided may not reflect the most current legal developments and is provided without any warranties of accuracy or completeness. You should always seek the advice of a licensed attorney or qualified legal professional in your jurisdiction for any legal matter. If you are in an emergency or dangerous situation, please contact law enforcement or call 911 immediately.