Involuntary nursing home discharges and transfers are a serious and widespread issue in the United States. According to State Long-Term Care Ombudsman Programs (LTCOP), inadequate discharge planning and improper evictions rank among the top five complaints they receive nationwide. Each year, the LTCOP works to resolve roughly 14,000 complaints related to these unlawful or poorly handled discharges. While facilities may cite various reasons for forcing a resident to leave, common explanations include claims that the resident requires a higher level of care than the facility can provide or, more frequently, the termination of Medicare coverage.
A nursing home or assisted living facility cannot discharge a patient who is still in need of care, even if their Medicare or Medicaid is denied or if the monthly fees have not been paid. Such actions are considered to be wrongful discharge, which is a form of elder abuse.
Federal law strictly limits when a nursing home may involuntarily discharge or transfer a resident. There are only six legally permitted reasons for eviction:
The facility cannot meet the resident’s care needs. A nursing home may discharge or transfer a resident if the individual’s medical or care needs exceed what the facility is able to provide and the move is necessary for the resident’s well-being.
Nonpayment for services after proper notice. A resident may be discharged for failure to pay only after receiving “reasonable and appropriate notice” and only if the resident has not applied for Medicare or Medicaid.
The resident no longer requires nursing home care. If a resident’s condition improves to the point that nursing home services are no longer necessary, the facility may discharge the resident. This typically involves a transfer to the resident’s home, the home of a family member, or an assisted living facility.
The resident poses a risk to the health of others. A nursing home may discharge a resident if their continued presence endangers the health of other residents.
The resident poses a safety risk to others. Discharge may also be permitted if the resident’s behavior or condition threatens the safety of other residents within the facility.
The facility permanently closes. If a nursing home shuts down, it may discharge or transfer residents, provided proper notice and discharge planning requirements are followed.
Outside of these circumstances, a resident cannot lawfully be forced to leave. Unfortunately, many residents and their families are unaware of these protections and their right to challenge an improper discharge. By understanding resident rights and knowing how to respond when those rights are violated, families can often prevent illegal nursing home discharges and transfers altogether.
Review the Discharge Notice Carefully
Facilities are required to provide a written discharge notice in advance, typically at least 30 days, unless an emergency exception applies. The notice must clearly state the reason for discharge, the effective date, the resident’s destination, and appeal rights. Missing information, unclear explanations, or inaccurate statements are strong indicators that the discharge may be unlawful. Verbal notices or last-minute demands to leave are often improper.
Request an Immediate Appeal
California residents have the right to appeal an involuntary discharge through the state hearing process. Once an appeal is filed, the facility generally must allow the resident to remain until the hearing is resolved. Deadlines are strict, so filing quickly is essential. Appeals give families an opportunity to challenge unsupported claims, present medical evidence, and hold the facility accountable for violations.
Get Help from the Right Agencies
The California Long-Term Care Ombudsman should usually be your first contact. The Ombudsman advocates for residents of nursing homes and assisted living facilities and can step in quickly to stop illegal discharges. They investigate complaints and intervene directly with the facility.
For nursing homes, the California Department of Public Health (CDPH) oversees licensing and regulatory compliance. If a facility violates discharge rules, CDPH can investigate and issue citations.
If the facility is an assisted living or residential care facility, the California Department of Social Services (CDSS) is the primary regulator. They handle complaints involving Residential Care Facilities for the Elderly (RCFEs) and investigate eviction and resident rights violations.
Document Everything
Strong documentation can make or break a discharge challenge. Families should keep copies of all discharge notices, care plans, physician notes, billing records, and written communications with the facility. Maintain a timeline of events, including conversations with staff and administrators. Detailed records help demonstrate whether the facility followed the law or attempted an improper eviction.
Know the Warning Signs of an Illegal Discharge
Common red flags include sudden discharge notices after Medicare coverage ends, claims that a resident is “too difficult,” pressure to leave without written notice, or threats of eviction for minor issues. These tactics frequently signal violations of resident rights and should be challenged immediately.
Do Not Move the Resident Prematurely
Facilities may pressure families to remove residents quickly, sometimes claiming the discharge is final or unavoidable. Moving the resident voluntarily can waive important legal protections and weaken appeal rights. Unless there is an immediate medical emergency, families should avoid agreeing to a transfer before speaking with an advocate or attorney.
Speak with a California Elder Law or Nursing Home Attorney
An experienced attorney can assess whether the discharge violates state or federal law, file appeals, negotiate with the facility, and pursue legal remedies when necessary. Legal representation is especially important if the discharge appears retaliatory, unsafe, or motivated by payment issues. Early legal intervention often prevents residents from being displaced altogether.
Contact Newman Law Group Today
Care facilities should be providing care for those with physical or mental conditions. They should not be looking for ways to discharge patients who desperately need care.
Consult with the team at Newman Law Group, LLP, if you have concerns about your loved one’s care. Our Sacramento nursing home wrongful discharge attorneys are ready to assist you. We truly care about your situation. To schedule a consultation, call (916) 352-3181 or fill out the online form.
