Nursing Home Eviction and Discharge Rights

Nursing homes can only discharge residents for specific legal reasons and must give notice. Learn the allowed reasons, notice rules, and how to appeal.

Category: resident-rights · Updated 2026

Being asked to leave a nursing home, sometimes called a discharge or eviction, is frightening and can feel sudden. Federal law limits when a facility may discharge or transfer a resident and requires specific notice and planning. Knowing the rules helps families respond quickly and, when appropriate, challenge a decision.

This guide explains the allowed reasons, the notice requirements, and the appeal process under 42 CFR §483.15. It is educational information, not legal advice.

The allowed reasons for discharge

Federal rules permit a facility to transfer or discharge a resident only for specific reasons, which include:

The facility cannot meet the resident's needs, based on a documented assessment
The resident's health has improved enough that the facility's services are no longer needed
The safety of the resident or other residents is endangered
The resident has not paid, after reasonable notice, and the nonpayment is not due to a pending Medicaid or insurance application
The facility is closing

A facility may not discharge someone simply because their payment source changes from private pay to Medicaid, if the facility participates in Medicaid and other conditions are met.

Notice requirements

Situation	Typical notice
Most discharges and transfers	Written notice at least 30 days in advance
Health or safety emergency	As soon as practicable, with documentation
Facility closure	Written notice as required by the applicable rules

The notice must state the reason, the effective date, where the resident is being transferred, and the resident's right to appeal. It must be provided in a language the resident understands.

Discharge planning and medication

Safe discharge planning and a post-discharge plan of care
Orientation for the resident and family to the new setting
Transfer of records and a current medication list
Reasonable efforts to place the resident in a suitable setting
No transfer before the resident's discharge plan is complete, except in emergencies

How to appeal

Residents have the right to appeal a transfer or discharge to the state. The notice includes the process and deadline, which can be short. Steps families can take:

Request the written notice and the assessment behind it
File the appeal with the state agency right away, before any deadline
Contact the long-term care ombudsman for advocacy
Consult an elder law attorney if the situation is complex
Document everything, including who said what and when

See How to File a Nursing Home Complaint and What Is a Long-Term Care Ombudsman?.

Medicaid bed-hold rules

When a Medicaid resident leaves for a hospital stay or other absence, states and facilities have bed-hold policies that determine whether the bed is held and for how long. Rules vary by state. Ask the facility and the state Medicaid agency how bed holds work before an absence, so a temporary hospitalization does not become a permanent move. This is not legal advice.

Sources: 42 CFR §483.15; CMS Care Compare; ACL ombudsman program. Informational only, not legal advice.

Related guides

Frequently asked questions

Can a nursing home evict a resident for switching to Medicaid?

Generally no, if the facility participates in Medicaid and the resident meets the requirements. A change in payment source alone is not a valid reason. Get the discharge notice in writing and appeal if you believe the rule was violated.

What if the facility says it cannot meet my relative's needs?

The facility must base this on a documented assessment and provide a safe discharge plan. Ask for the assessment, and appeal through the state if you disagree. The ombudsman can help you respond.

How long do I have to appeal?

Appeal deadlines are short and set by the state. File immediately on receiving the notice and do not wait to gather everything first, because missing the deadline can waive the right.

Can the facility make a resident leave the same day?

Only in specific emergency situations with documentation. Routine discharges require advance written notice. A same-day order without a documented emergency is a reason to contact the ombudsman and the state agency.

Does the facility have to help find a new place?

Federal rules require discharge planning and reasonable efforts for a safe transition. The specific obligations depend on the situation and state rules. Ask for the written post-discharge plan.

Data sources

CMS Provider Data Catalog · CMS Care Compare. This guide is informational and is not medical advice. Processing date: 2026-10-05.

Important disclosures

Informational only, not medical advice. This directory publishes public data and general information. It does not provide medical advice, diagnosis, or treatment recommendations, and it is not a substitute for consulting a qualified health care professional or Medicare.

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