Can a Nursing Home Kick a Patient Out in New York?

Under federal regulations (42 CFR §483.15) and New York law, a nursing home may only discharge a resident for six permissible reasons: the facility can no longer meet the resident’s medical needs, the resident’s health has improved to the point that nursing home care is no longer required, the safety of others at the facility is endangered, the resident has failed to pay after reasonable notice, the facility is closing, or the resident was admitted for a short-term stay that has ended. All other discharge attempts are considered improper and may be challenged.

New York nursing homes must provide at least 30 days’ written notice before a discharge or transfer, except in cases of emergency. The written notice must include the reason for discharge, the effective date, the location the facility intends to transfer the resident to, and information about the resident’s right to appeal. Residents have the right to request a hearing with the New York State Department of Health to contest the discharge before it takes effect.

Yes. New York Public Health Law §2801-d gives nursing home residents a private right of action against any facility that deprives them of rights or benefits established by state or federal law, including improper discharge. If the violation was willful or in reckless disregard of the resident’s rights, the statute allows recovery of at least 25 percent above actual damages, plus attorneys’ fees. This makes §2801-d one of the strongest resident-protection statutes in the country.

Act immediately. Request the discharge notice in writing and note the stated reason. File an appeal with the New York State Department of Health before the discharge date—the resident generally has the right to remain in place while the appeal is pending. Simultaneously, consult a New York nursing home abuse attorney who can evaluate whether the discharge violates NY Public Health Law §2801-d or federal OBRA regulations and can seek emergency relief if necessary.