They say she has to leave: nursing home discharge rights
For Medicare- and Medicaid-certified nursing facilities, federal rules set limited grounds for a transfer or discharge, a written-notice standard, and an appeal protection. The notice, state process, and immediate safety needs still govern what happens next. Use this source-linked guide to read the federal rule beside the notice—not to decide a legal, clinical, or placement outcome.
Primary federal source checked August 22, 2026
Read the current federal rule next to the notice
42 CFR 483.15applies to Medicare- and Medicaid-certified nursing facilities. It does not replace the notice, an emergency plan, a state hearing procedure, or a decision about one resident's safety or care. The State Long-Term Care Ombudsman and the entity named on the notice can explain the current local process.
Open current 42 CFR 483.15 →Six federal grounds in the rule for a covered nursing facility
The current rule says a covered facility must permit a resident to remain unless one of these grounds applies. It also requires documentation in the resident's medical record for a transfer or discharge. State law and the actual notice can add details; do not treat this list as a verdict about a particular case.
- 1The resident's needs cannot be met at the facility, and the transfer is necessary for their welfare.
- 2The resident's health has improved enough that they no longer need the facility's services.
- 3The safety of others in the facility is endangered by the resident's clinical or behavioral status.
- 4The health of others in the facility would otherwise be endangered.
- 5The resident has failed to pay, after reasonable notice — including failing to arrange Medicare or Medicaid payment.
- 6The facility is closing.
The federal rule separately requires identical transfer and discharge policies and practices regardless of payment source. Ask the state process named in the notice and the Ombudsman how it applies to the resident's actual facts.
What to do today
- 1Protect immediate safety and keep the paperwork.For an immediate medical or safety emergency, follow the care team's or emergency service's direction. Keep the original notice, attachments, envelope, and a dated copy of any message; this page cannot tell a family whether it is safe to stay or move.
- 2Read the notice for the named appeal route and contacts.For covered facilities, the federal rule lists the reason, effective date, destination, appeal information, and State Long-Term Care Ombudsman contact among the written-notice contents. State process determines what to do with a particular notice.
- 3Ask about the deadline and how to preserve an appeal.Contact the entity named on the notice promptly and ask how its current hearing process, deadline, submission method, and any temporary protection apply. Record who gave the instruction and when; do not assume a general guide starts a case.
- 4Contact the State Long-Term Care Ombudsman.The federal rule requires the notice to include the State Long-Term Care Ombudsman's contact information. That office can explain its role and available assistance; it decides what it can do for the individual situation.
- 5Request the record basis through the appropriate process.For a covered facility, the federal rule requires documentation in the resident's medical record for a transfer or discharge, including specified information when unmet needs are the basis. Ask the facility and the authorized state process how to obtain and review the relevant records.
- 6Research a possible move separately and securely.A different community must make its own assessment and confirm a current opening, services, terms, and safety plan. Keep private care details with the treating team or each community's stated secure process; Haven does not receive them.
Dated CMS citation context—not a current facility rating
These national federal deficiency tags cover transfer and discharge topics. The local CMS citation snapshot used here was generated August 9, 2026. A historical citation count or complaint share cannot establish a facility's current compliance, safety, or the right next step for a resident.
| Tag | Violation | Citations | From complaints |
|---|---|---|---|
| F0622 | Discharged without an adequate reason | 973 | 46.7% |
| F0623 | Failed to give timely written notice | 3,493 | 18.4% |
| F0624 | Failed to prepare a safe discharge | 351 | 73.2% |
| F0625 | Never disclosed the bed-hold policy | 2,421 | 14.4% |
| F0626 | Refused to readmit after a hospital stay | 349 | 88.5% |
F0626 has 88.5% of citations in this snapshot labeled as complaint investigations. That field describes the historical citation source; it does not show how often a problem occurs, whether it is currently unresolved, or what happened at a particular facility.
What this page is and isn't
Reviewed August 22, 2026. This is a plain-language, source-linked reading guide to the federal nursing-home rule (42 CFR § 483.15) and a dated CMS citation snapshot, not legal advice. It applies to Medicare- and Medicaid-certified nursing facilities. Appeal deadlines, hearing procedures, emergency action, and some protections are set by each state or turn on facts we cannot assess. Contact the entity named in the notice, the State Long-Term Care Ombudsman, and an appropriate licensed professional for case-specific guidance.
Utah assisted living follows a separate state-law framework. If an assisted-living community has issued a transfer or discharge notice, use our Utah assisted-living discharge and transfer checklist for the official Ombudsman contact and document checklist.
Common questions
Can a nursing home discharge my parent for any reason?
For a Medicare- or Medicaid-certified nursing facility, 42 CFR 483.15 says the facility must permit a resident to remain unless one of six federal grounds applies: unmet needs necessary for welfare, improved health, safety or health endangerment, non-payment after appropriate notice, or facility closure. The rule also requires identical transfer and discharge policies and practices regardless of payment source. State law, the notice, and the facts of a particular case still matter. The dated CMS snapshot on this page contains 973 citations under F0622; it is not a conclusion about one notice or facility.
How much notice does a nursing home have to give before discharge?
For covered facilities, the federal standard is at least 30 days' written notice before transfer or discharge, except for specified safety, health, urgent-medical, or short-residency circumstances. State procedures can add requirements. F0623 has 3,493 citations in this page's dated CMS snapshot; a historical count does not say whether a particular notice complies.
What must a nursing home discharge notice say?
For covered facilities, the federal rule lists the reason, effective date, destination, appeal-rights statement and appeal contact information, and State Long-Term Care Ombudsman contact information among the written-notice contents. It also calls for specified protection-and-advocacy contacts for some residents. Keep the original notice, ask the state entity or Ombudsman how its current process works, and do not use this page to determine whether a particular notice is valid.
Does appealing a nursing home discharge stop it?
The federal rule says a covered facility may not transfer or discharge a resident while an appeal is pending under the cited federal hearing provisions, unless failing to move the resident would endanger health or safety and the facility documents that danger. The right appeal route, deadline, how to request it, and exceptions depend on the notice and state process. Ask the entity named on the notice and the State Long-Term Care Ombudsman for current, case-specific instructions promptly.
Can a nursing home refuse to take my parent back after a hospital stay?
The federal rule requires a covered facility to have a written return policy. After a hospitalization or therapeutic leave exceeding the state bed-hold period, a resident who still needs the facility's services and is eligible for Medicare skilled-nursing or Medicaid nursing-facility services returns to the previous room if available or the first available semi-private bed. A facility that determines a resident cannot return must follow the transfer/discharge requirements. The dated CMS snapshot includes 2,421 F0625 and 349 F0626 citations; that is not a determination about an individual return request.
Can a nursing home evict a resident for going on Medicaid?
The federal rule requires a covered facility to use identical transfer and discharge policies and practices regardless of payment source. It separately describes the non-payment ground, including paperwork and denied-claim circumstances, and limits charges for a resident who becomes eligible for Medicaid after admission. Ask the entity named in the notice and the Ombudsman how the current state process applies to the notice rather than relying on a general summary.
If a move may be needed, keep the research separate and private
Use public records and the same questions for every prospective community, then ask each one through its secure process to confirm its current assessment, services, terms, and opening. Haven does not receive care details, assess care fit, contact a community, make a referral, or confirm a placement.