Once a resident is settled in a nursing home, being told to leave can be very traumatic. Nursing homes are required to follow certain procedures before discharging a resident, but family members often accept the discharge without questioning it. Residents can fight back and challenge an unlawful discharge.
According to federal law, a nursing home can discharge a resident only for the following reasons:
- The resident's health has improved
- The resident's needs cannot be met by the facility
- The health and safety of other residents are endangered
- The resident has not paid after receiving notice
- The facility stops operating
Unfortunately, sometimes nursing homes...