Few things are more frightening for a family than learning that a nursing home intends to discharge a parent, spouse, or loved one who still needs care. It may arrive as a written notice, a phone call from the facility, or a hospital telling you the nursing home “won’t take her back.” However it happens, an involuntary discharge can disrupt medical care, separate a resident from familiar caregivers, and leave a family scrambling to find somewhere safe.
Nursing home residents have legal protections
A nursing home is more than a place to receive care. For many residents, it is their home. Both federal and state law recognize this and give nursing home residents important protections against being discharged or transferred against their will.
In general, these laws limit the reasons a facility may use to discharge a resident, require advance written notice, require the facility to plan for a safe discharge, and give residents and families the right to challenge the decision. A facility that wants a resident to leave must follow these rules. Many do not.
Common situations families face
- A discharge notice saying the facility can no longer meet a resident’s needs, or that the resident’s behavior is a problem.
- Payment disputes, including discharges threatened while a Medicaid application is pending or after Medicare coverage ends.
- Refusal to readmit after a hospital stay, leaving a resident stranded in the hospital with nowhere to go.
- Pressure to leave without any formal notice, such as being told to “find another place” or to take a loved one home.
- Transfers to unsafe settings, such as a motel, a shelter, or a family home that cannot provide the care the resident needs.
If you have received a notice, act quickly
If you or a loved one has received a notice of involuntary discharge, or a nursing home is refusing to allow a resident to return, it is critical to act right away. The rights that protect residents come with short deadlines, and some of them can be lost if they are not exercised in time. Waiting even a few days can narrow your options.
Specific legal requirements, and why they matter
Involuntary discharge protections are governed by highly specific legal requirements under both federal and state law, and the details of each situation matter. Whether a discharge is permitted, whether proper notice was given, and how to challenge it all depend on the facts and on rules that are easy to misread under stress.
Our attorneys are experienced in elder law and long-term care planning, and we act quickly to protect residents’ rights and help families keep their loved ones safely in place. Where payment or Medicaid eligibility is part of the problem, we can also help address those issues, including through tools such as a Qualified Income Trust or personal caregiver agreement.
Contact us right away
If a nursing home has given you or a loved one a discharge notice, don’t wait. Call us immediately at any of our offices in New Orleans, Birmingham, Mobile, or Pensacola so that we can act to preserve your rights.
This article provides general information only. It is not legal advice, and reading it does not create an attorney-client relationship. Every situation is different; please consult an attorney about yours.