Under specific legal conditions, a nursing home can discharge or evict a resident. However, federal and state laws provide strong protections to ensure that such actions are justified and that residents’ rights are upheld.
Federal law requires the nursing home to provide at least 30 days’ written notice outlining the reason for the discharge, where you will be transferred, and your right to appeal. In emergencies, shorter notice may be allowed.
Each year, thousands of vulnerable nursing home residents are unjustly evicted, putting them at risk of serious harm. In fact, complaints about discharges and transfers are one of the most common issues reported to long-term care ombudsmen.
When a nursing home discharges a resident without following proper procedures, it’s illegal. Abandoning a resident without ensuring their safety and well-being, or leaving them without proper care arrangements, is also a form of nursing home abuse.
If you or a loved one is facing an eviction from a nursing home, it’s crucial to understand your rights and get help to challenge the action. See if we may be able to help your family by getting a free case review right now.
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Can You Be Kicked Out of a Nursing Home?
You can be legally discharged or evicted from a nursing home, but only under specific conditions established by federal law.
These include situations where the resident poses a danger to others, the facility can no longer meet their needs, the resident no longer requires nursing home care, or there is nonpayment for services.
Other valid reasons include endangerment to the health of others or the closure of the facility. The nursing home must document and justify the reason before taking action, except in emergency situations.
Before evicting a resident, nursing homes must provide a written notice that provides specific information.
The notice must clearly state:
- Why the resident is being evicted
- When the eviction will occur
- The new location where the resident will be transferred
- How the resident can appeal the decision
- Contact information for the local long-term care ombudsman
While nursing homes can legally evict residents under certain conditions, numerous safeguards exist to protect residents from unjustified discharges.
If you believe the discharge is unjustified, you have the right to appeal and should seek immediate assistance from an ombudsman or a legal professional.
Can a Nursing Home Kick Out a Dementia Patient?
A nursing home can legally discharge a dementia patient, but only under strict conditions and in accordance with federal and state laws that protect residents’ rights. The presence of dementia alone is not a valid reason for a nursing home eviction.
Dementia patients are considered vulnerable adults, and states often have enhanced protections. In some states, facilities are legally required to offer behavioral health supports or secure memory care units before claiming they can’t meet the resident’s needs.
Before discharging a dementia patient, the facility must:
- Give at least 30 days’ written notice (unless it’s an emergency)
- Identify the next place of care, like another nursing home or specialized dementia unit
- Inform the resident and family of their right to appeal
- Notify the long-term care ombudsman
- Specify the exact reason for discharge
A nursing home cannot evict a dementia patient just because they have dementia. If they exhibit challenging behaviors, the facility must make reasonable efforts to accommodate them before discharge is legally permissible.
Can a Nursing Home Kick Out a Medicaid Patient?
Unfortunately, some nursing homes attempt to evict Medicaid patients to make room for higher-paying residents, often by refusing to readmit them after a hospital stay. This practice is illegal.
Medicaid recipients are protected under the Nursing Home Reform Act, and facilities that accept Medicaid must honor those protections.
If a Medicaid patient is being discharged under suspicious circumstances, they may be allowed to stay if the appeal is filed before the discharge date. They should contact a long-term care ombudsman or get legal help right away.
Many of these disputes can be resolved in the resident’s favor when proper legal steps are taken.
Why Would Someone Get Kicked Out of a Nursing Home?
Under federal regulations, a nursing home may only evict a resident under specific, legally justified circumstances.
Lawful reasons for a nursing home eviction include:
- Closing of the facility
- Nonpayment for services after appropriate notice
- Nursing home care is no longer needed
- The facility cannot meet the resident’s needs
- The resident poses a threat to themselves or others
These criteria are meant to protect residents from wrongful nursing home evictions. However, some evictions may still happen under questionable circumstances, especially when abuse or neglect is involved.
Unfortunately, some residents are unfairly forced out after speaking up about poor care or being neglected by the facility that was supposed to keep them safe. A nursing home abuse lawyer can help protect your loved one’s rights and ensure the facility is held accountable for any mistreatment.
Can a Nursing Home Kick You Out for Nonpayment?
A nursing home can legally discharge a resident for nonpayment, but only under strict conditions. Federal law allows nursing homes to evict residents who fail to pay for their care after receiving proper notice and being given an opportunity to resolve the issue.
However, the facility must first ensure that all billing has been handled correctly, especially when Medicaid is involved, and that the resident has not been wrongfully denied coverage or assistance.
Nonpayment cannot be used as a reason to remove a resident simply because they switched from private pay to Medicaid. Facilities that accept Medicaid must treat all residents equally, regardless of how their care is funded.
What Happens If You Get Kicked Out of a Nursing Home?
If you’re kicked out of a nursing home, the facility must first provide written notice detailing the reason for discharge, the planned transfer location, your right to appeal, and contact information for the long-term care ombudsman.
If the discharge proceeds, the nursing home is responsible for helping you find appropriate alternative care. This may include another nursing home, a hospital, or a rehabilitation facility that can meet your needs.
However, some residents are left in limbo, especially after hospital stays, if the original nursing home refuses to readmit them. In these cases, families often scramble to find new placements, sometimes under urgent and stressful conditions.
Because involuntary discharges are frequently contested and sometimes unlawful, it’s critical to act quickly and get support.
Fight Back Against Abuse & Neglect
Residents of nursing homes and long-term care facilities have fundamental rights that must be protected. If those rights are violated, you have options to seek justice.
If you or a loved one has experienced abuse or neglect, you have the right to take legal action against the facility and pursue compensation for medical bills, injuries, or expenses to move to a safer facility.
The nursing home abuse attorneys in our network have secured hundreds of millions of dollars for residents and their families across the country.
Get a free case review now to see if a top nursing home attorney may be able to fight for you.
