Can someone be kicked out of a nursing home? Yes, but only for specific reasons and with due process

Oct 16, 2025 2 min read •

elder care legal rights Involuntary discharge

According to federal law, nursing homes can only evict a resident for one of six specific reasons, and they must follow a strict process that protects the resident's rights. The threat of involuntary discharge, also known as eviction, can be a frightening and stressful experience for residents and their families, but legal protections are in place to prevent wrongful actions.

Quick Summary

Involuntary discharge from a nursing home is strictly regulated by law and only permitted for certain, documented reasons. Residents and families have rights, including the right to receive proper notice, appeal the decision, and seek help from a long-term care ombudsman.

Key Points

Six Legal Reasons: Federal law permits involuntary discharge only for six reasons, including non-payment, improved health, or posing a health or safety risk.
Illegal Motives: Eviction is illegal if based on discrimination against Medicaid residents, complaints made by residents or families, or requiring a higher level of staff attention.
Right to Notice and Appeal: Residents must receive a written discharge notice at least 30 days in advance (in most cases) and have the right to appeal the decision.
Stay During Appeal: A resident cannot be evicted while their appeal is pending, unless staying poses a documented danger to others.
Ombudsman Assistance: The Long-Term Care Ombudsman Program provides free, confidential help and advocacy for residents facing improper discharge.
Hospital Readmission: Nursing homes cannot refuse to readmit a resident after a hospital stay, a practice known as 'hospital dumping'.
Discharge Plan: The facility must assist in creating a safe and orderly discharge plan that includes finding an appropriate and safe new location for the resident.
Burden of Proof: The nursing home carries the burden of proof to demonstrate the eviction is permissible and has proper justification.

Legal and Illegal Reasons for Eviction

Nursing homes can only discharge a resident for six specific reasons. These reasons, as well as common illegal reasons for eviction, and the rights residents have when facing an involuntary discharge, including receiving proper written notice and the appeals process, can be found on {Link: CANHR https://canhr.org/transfer-and-discharge-rights/} and {Link: kathyrouxlaw.com https://kathyrouxlaw.com/blog/involuntary-discharge-of-nursing-home-residents-what-are-your-rights/}. Residents facing involuntary discharge have the right to appeal the decision.

Filing an Appeal

Residents can request an evidentiary hearing to appeal. If an appeal is filed, the resident generally cannot be evicted while it's pending, unless they pose an immediate, documented danger. An administrative law judge typically conducts the hearing. Appealing is often successful and has minimal downsides.

The Long-Term Care Ombudsman

Residents and families should contact their local Long-Term Care Ombudsman Program (LTCOP) for assistance with potential evictions and the appeals process.

Comparison of Valid vs. Invalid Eviction Reasons


Reason for Discharge	Legal Justification	Illegal/Improper Grounds	Required Action from Nursing Home
Non-payment	Failure to pay after notice, no pending insurance claim.	Eviction due to pending Medicaid or conversion to Medicaid.	Written notice detailing amount owed.
Resident's Needs	Needs exceed general nursing facility care capabilities.	Insufficient staffing or resources at the specific facility.	Physician's order and documented attempts to meet needs.
Safety Concerns	Documented substantial risk to others' health or safety.	Behavioral issues from conditions like dementia.	Written notice, possibly shorter in emergencies.
Facility Operation	Facility is permanently closing.	Closing a unit for financial reasons.	Notice and discharge plan for all residents.
Health Status	Health improves, skilled nursing care is no longer needed.	Discharging after hospitalization claiming improved health.	Based on physician's assessment.

Conclusion

While nursing homes can discharge residents involuntarily, it must be for specific, legal reasons and follow proper procedures established by federal law, including the Nursing Home Reform Act of 1987. Residents and their families have significant rights, including the right to receive notice, appeal the decision, and remain in the facility during the appeal process in most cases. Resources like the Long-Term Care Ombudsman Program are vital for advocating for residents' rights. Understanding these rights and utilizing available resources is essential when facing a potential nursing home eviction.

Nursing Home Evictions: Know Your Rights

Frequently Asked Questions

An involuntary discharge, or eviction, is when a nursing home removes a resident without their consent. This is distinct from a voluntary discharge initiated by the resident or their family.

No, a nursing home cannot evict a resident simply because their payment source changes from private pay to Medicaid. They must wait for a decision if a Medicaid application is pending.

Hospital dumping is the illegal practice of a nursing home refusing to readmit a resident who has been temporarily hospitalized. A resident has the right to return to their bed or the next available bed.

No, a resident cannot be evicted for behavioral issues, being 'difficult,' or having dementia. Nursing homes are expected to accommodate and provide appropriate care for such conditions.

A nursing home must generally provide a resident with a written notice at least 30 days before a planned discharge. Shorter notice is only allowed in specific emergency situations.

The resident should immediately file an appeal and contact their local Long-Term Care Ombudsman Program (LTCOP). The appeal prevents the eviction while a hearing is pending. It is important not to move out.

If a discharge is found to be improper, the nursing home may be required to readmit the resident and could face penalties from state regulators. The resident may also be able to file a lawsuit.

References

Medical Disclaimer

This content is for informational purposes only and should not replace professional medical advice. Always consult a qualified healthcare provider regarding personal health decisions.