Nursing Home Eviction and Discharge Rights

A nursing home may only discharge a resident for specific legal reasons and must give notice. Learn the permitted reasons, notice rules, and how to appeal.

Updated 2026

This guide is informational and is not medical advice.

Category: resident-rights · Updated 2026

A notice to leave a nursing home—a discharge or eviction—lands hard and often comes with little warning. Federal law limits when a facility may transfer or discharge a resident and imposes notice and planning obligations. Understanding the rules lets families act fast and, when justified, push back.

This guide covers the permitted 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

Under federal rules, a facility may transfer or discharge a resident only for specific reasons:

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

A facility may not discharge someone simply because payment shifts from private pay to Medicaid, provided the facility takes Medicaid and the 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 the applicable rules require

The notice must state the reason, the effective date, the destination, and the resident's right to appeal—and must be written in a language the resident understands.

Discharge planning and medication

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

How to appeal

Residents may appeal a transfer or discharge to the state. The notice explains the process and the deadline, which can be brief. Steps families can take:

Request the written notice and the assessment behind it
File the appeal with the state agency immediately, before any deadline
Contact the long-term care ombudsman for advocacy
Consult an elder law attorney for complex situations
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 another absence, state and facility bed-hold policies decide whether the bed is reserved and for how long. Rules vary by state. Ask the facility and the state Medicaid agency how bed holds work before any absence, so a short hospitalization does not become a permanent relocation. 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 who switches to Medicaid?

Generally no, if the facility participates in Medicaid and the resident qualifies. A change in payment source alone is not valid grounds. Get the discharge notice in writing and appeal if you believe the rule was broken.

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

That conclusion must rest on a documented assessment and come with 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?

Deadlines are short and set by each state. File as soon as the notice arrives rather than waiting to gather everything, because missing the deadline can forfeit the right.

Can the facility make a resident leave the same day?

Only in specific documented emergencies. Routine discharges require advance written notice. A same-day order with no documented emergency warrants a call to the ombudsman and the state agency.

Does the facility have to help find a new place?

Federal rules require discharge planning and reasonable efforts toward a safe transition, with specifics depending 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 provided for information and is not medical advice. Processing date: 2026-10-06.

Required disclosures

For general information only, not medical advice. This website shares public data and general information. It does not offer medical advice, diagnosis, or treatment guidance, and it cannot replace a consultation with a qualified health care professional or with Medicare.

Independent and unaffiliated. NursingFacilities.org is a private, independently run directory. It is not affiliated with, nor endorsed or operated by, the Centers for Medicare & Medicaid Services (CMS), Medicare, or any government agency. CMS has not reviewed or endorsed this site.

Confirm details before acting. Facility records come from public federal datasets and may lag or contain errors. Always verify current ratings, services, availability, and coverage directly with the provider and on Medicare.gov.

Certain outbound links on this site are partner or affiliate links. If you use them we may receive a commission, and your price does not change. This never influences the data we publish.