Reviewed by Laurence P. Banville, Esq.Frequently asked questions
What are the legal grounds for a nursing home to discharge a resident in New York?
Under federal regulations (42 CFR §483.15) and New York State Department of Health rules, a nursing home may only discharge or transfer a resident for six specific reasons: the resident’s health has improved enough that the facility can no longer meet their needs, the resident’s health requires a higher level of care, the safety of others in the facility is endangered, the resident’s behavior endangers others, the resident has not paid for their stay after reasonable notice, or the facility is closing. Any discharge outside these grounds is improper and can be contested.
Does a nursing home have to give notice before evicting a resident?
Yes. New York nursing homes must provide written notice at least 30 days before a planned discharge or transfer, except in emergencies requiring immediate action for safety. The notice must explain the specific reason for discharge, the resident’s right to appeal to the New York State Department of Health, and available appeal procedures. Failure to provide proper notice is itself a violation that can support a legal challenge.
What rights do residents have under New York Public Health Law §2801-d?
NY Public Health Law §2801-d gives nursing home residents a private right of action to sue a facility that deprives them of any right or benefit established by state or federal law — including the right to remain in the facility free from improper discharge. A resident who wins such a claim may be entitled to compensatory damages plus up to 25% in additional damages, along with attorney’s fees. This statute is one of the strongest resident-protection tools available in New York and applies to wrongful discharge as well as abuse and neglect.
Can a nursing home evict a resident for complaining about care or filing a complaint?
No. Retaliatory discharge — evicting or threatening to evict a resident because they or their family complained about care, filed a grievance, or exercised their legal rights — is prohibited under both federal law and New York regulations. If a facility tries to discharge a resident shortly after a complaint was filed, that timing can be evidence of retaliation. A nursing home abuse attorney can help document the connection and pursue a claim under NY Public Health Law §2801-d and other applicable statutes.