Can a Nursing Home Kick You Out in New York?

Under New York law, a nursing home may only discharge or transfer a resident for six specific reasons: the transfer is necessary for the resident’s welfare and the facility cannot meet their needs, the resident’s health has improved so they no longer need nursing home care, the health or safety of others in the facility is endangered, the resident has failed to pay after reasonable notice, the facility ceases to operate, or the resident has been absent for 30 or more consecutive days. Any discharge outside these grounds is considered wrongful under NY regulations (10 NYCRR Part 415).

New York regulations generally require nursing homes to give at least 30 days’ written notice before a discharge or transfer, except in emergencies. The notice must state the reason for the discharge, the effective date, and the resident’s right to appeal. The facility must also help arrange safe placement before the discharge takes effect. Failure to provide proper notice is itself a violation of residents’ rights.

Yes. Residents have the right to appeal a discharge decision through a Fair Hearing with the New York State Department of Health. The resident may remain in the facility during the appeal process. If the discharge is motivated by retaliation — for example, because a resident or family complained about care — that conduct may also support a civil lawsuit. An attorney familiar with NY nursing home law can help evaluate whether the discharge was lawful and what remedies are available.

NY Public Health Law §2801-d gives nursing home residents a private right of action — meaning they can sue in court — when a facility deprives them of rights or benefits guaranteed under state or federal law, including protections against wrongful discharge. The statute allows residents to seek actual damages plus attorneys’ fees, and courts may also award punitive damages in cases of willful or wanton misconduct. This law is one of the strongest resident-protection statutes in the country and is a key legal tool in NY nursing home abuse and neglect cases.