Under federal and state law, residents are protected from unfair removal from a nursing home. The Nursing Home Reform Act of 1987 outlines specific permissible situations for involuntary transfer or discharge and mandates a clear process. Eviction attempts must be in writing; verbal notices are not valid.
The six legal reasons for involuntary discharge
Federal law outlines specific reasons for involuntary discharge, including when a resident's needs cannot be met, if their health has improved, or if they endanger the safety or health of others. Nonpayment is also a valid reason, provided reasonable notice is given and a Medicaid application or appeal isn't pending. Discharge is also permissible if the facility closes, requiring sufficient notice and assistance for residents to find new placements.
The required discharge process
A facility must follow a strict protocol for legal involuntary discharge. This includes providing written notice at least 30 days beforehand, detailing the reason, date, and new location. The notice must also inform the resident of their appeal rights and provide contact information for the state long-term care ombudsman. Finally, the facility must develop a safe discharge plan with resident and family involvement.
How to challenge an illegal eviction
If you receive an unfair eviction notice, do not leave voluntarily. To contest the discharge, file an immediate appeal with the state's administrative hearing office, which generally allows the resident to stay during the appeal. Contact the Long-Term Care Ombudsman for free assistance and help with the process. Gather documentation like clinical records and the notice, as the facility needs documented proof. Consulting an elder law attorney for guidance is also an option.
Comparison of legal vs. illegal nursing home evictions
| Feature | Legal Eviction (Involuntary Discharge) | Illegal Eviction (Resident Dumping) |
|---|---|---|
| Reason | Based on one of six specific federal grounds (e.g., nonpayment, facility closure). | Motivated by financial gain (e.g., swapping a Medicaid resident for a private-pay resident) or personal retaliation (e.g., after a complaint is filed). |
| Notice | Requires a formal, written notice at least 30 days in advance (unless an emergency) with all required information. | Often delivered verbally or with less than 30 days' notice, or with incomplete information. |
| Appeal | Resident is informed of their right to appeal and can remain in the facility while the appeal is heard. | Resident may be pressured to leave immediately, before they can file an appeal. |
| Discharge Plan | Facility is legally responsible for a safe and orderly transfer to an appropriate location. | Resident is sent to an inappropriate or unsafe location, like a hospital or homeless shelter, without a proper plan. |
| Documentation | Reason for discharge must be thoroughly documented in the resident's clinical record and discharge notice. | Lack of proper medical documentation or a weak justification for the eviction. |
Conclusion: Navigating involuntary discharge
A nursing home can legally evict a resident only for specific, regulated reasons and must follow a strict process, including providing written notice and discharge planning. Residents have the right to appeal and generally remain in the facility during the appeal, often with help from a Long-Term Care Ombudsman. Further details are available from {Link: CANHR https://canhr.org/transfer-and-discharge-rights/}.
