Can a nursing home evict a resident?

Only for one of six reasons in federal rules: the home cannot meet the resident's needs; the resident's health has improved enough that the services are no longer needed; the resident's condition or behavior endangers the safety of others; the health of others would be endangered; the resident has not paid after reasonable notice; or the home is closing.

How much notice does a nursing home have to give before a discharge?

At least 30 days in most cases, in writing. The notice can come sooner in limited situations, such as when safety or health in the home is endangered, the resident's health has improved, there is an urgent medical need, or the resident has lived there fewer than 30 days.

Rights and problems

Nursing home residents' rights: what to do about a discharge notice

Q: Can a nursing home refuse to take a resident back from the hospital?

Federal rules require the home to give written information about bed-hold policies before a hospital transfer. A resident whose stay outlasts the bed-hold period, and who still needs the home's services and is eligible for Medicare or Medicaid nursing home coverage, must be allowed to return to his or her previous room if available, or to the first available bed in a semi-private room.

Q: Can a nursing home discharge a resident whose Medicaid application is pending?

Federal rules say non-payment applies if the resident does not submit the paperwork needed for third-party payment, or after a payer such as Medicare or Medicaid denies the claim and the resident refuses to pay. An ombudsman can explain how this applies in your state.

By Nursing Home Checker · Updated Oct 6, 2026

Key takeaways

Federal rules give residents of every Medicare- or Medicaid-certified nursing home the same core rights, in every state.
A home may transfer or discharge a resident against his or her wishes only for one of six reasons listed in federal rules.
In most cases the home must give written notice at least 30 days ahead, with the reason, the date, the destination and how to appeal.
You can appeal, and in most cases the resident stays while the appeal is pending. The long-term care ombudsman can help from the day a notice arrives.

Moving into a nursing home does not take away a person's rights. Any home that accepts Medicare or Medicaid must follow the same federal rules in every state, and those rules spell out what a resident is entitled to and when a home may ask a resident to leave.

What rights does a nursing home resident have?

Federal rules (42 CFR § 483.10) give residents the right to:

Have visitors of their choosing, at the time of their choosing, as long as it does not infringe on other residents' rights, and to turn visitors away. A home may set reasonable clinical and safety limits on visitors who are not family.
Make their own choices about activities, schedules, and sleeping and waking times.
Keep and use personal belongings, including furnishings and clothing, as space permits.
Share a room with a spouse when both live in the home and both agree.
Manage their own money, and get quarterly statements if the home holds funds for them.
Privacy in phone calls, mail and electronic communication.
Be told about changes in their condition and treatment, and take part in planning their care.
Complain without discrimination or reprisal, and have the home work promptly to resolve it.
See the latest inspection results for the home.

Separate rules protect residents from abuse and neglect and limit when a home may discharge them.

When can a nursing home discharge a resident?

A home may transfer or discharge a resident against his or her wishes only for one of six reasons (42 CFR § 483.15):

The move is necessary for the resident's welfare and the home cannot meet the resident's needs.
The resident's health has improved enough that the home's services are no longer needed.
The resident's clinical or behavioral status endangers the safety of others in the home.
The health of others in the home would otherwise be endangered.
The resident has failed to pay after reasonable and appropriate notice.
The home is closing.

On non-payment, the rule says it applies when the resident does not submit the paperwork needed for third-party payment, or after a payer such as Medicare or Medicaid denies the claim and the resident refuses to pay.

What notice must the home give?

The notice must be in writing and, in most cases, arrive at least 30 days before the move. It must state:

the reason for the transfer or discharge;
the date it takes effect;
where the resident will go;
the right to appeal, and how to reach the office that hears appeals;
how to reach the state's long-term care ombudsman.

Shorter notice is allowed in limited cases: when safety or health in the home is endangered, when the resident's health has improved enough to allow a quicker move, when there is an urgent medical need, or when the resident has lived in the home fewer than 30 days.

Differs by stateState notice rules

Some states add their own notice requirements.

Vermont: Vermont law requires written notice at least 30 days before a discharge and at least 72 hours before a move to another room within the home.

Checked against state sources in Oct 2026. State rules are added here as each state is added to this site.

What should you do when a discharge notice arrives?

Check the date and the reason. The reason must be one of the six above.
Contact the long-term care ombudsman. You can call the day the notice arrives, and the service is free. See how to reach the ombudsman.
Appeal. An appeal is filed using the instructions on the notice. Keeping a copy with the date you sent it helps later.
Know that the resident can usually stay during the appeal. The home may not move the resident while the appeal is pending unless staying would endanger the health or safety of the resident or others, and the home must document that danger.
Ask to see the record. The home must document the reason for the discharge in the resident's medical record.

What happens to the bed during a hospital stay?

Before a resident goes to a hospital or on therapeutic leave, the home must give written information about how long the state's bed-hold period lasts, whether Medicaid pays to hold the bed, the home's own bed-hold policy, and the resident's right to return. If the hospital stay lasts longer than the bed-hold period, a resident who still needs the home's services and is eligible for Medicare or Medicaid nursing home coverage must be allowed to return to the previous room if it is available, or to the first available bed in a semi-private room.

Differs by stateBed-hold rules by state

Maine: MaineCare pays to hold a bed for up to 7 days per hospital stay when the resident is expected to return, and for up to 20 overnight leaves in a state fiscal year when leave is part of the plan of care. Family or friends may pay for extra days.
New Hampshire: New Hampshire Medicaid does not pay to hold a bed during a hospital stay. It pays for up to 30 leave days per resident in a state fiscal year when the leave is part of the plan of care. A resident whose bed was not held can return to the next available bed.
Rhode Island: Rhode Island Medicaid does not pay to hold a bed during a hospital stay or any other absence. A family may pay privately; for a Medicaid resident the home may not charge more than its Medicaid daily rate for at least the first 5 days. A resident who still needs the home's care must be readmitted to the first available semi-private bed.
Vermont: Vermont Medicaid pays to hold a bed for up to 6 days in a row during a hospital stay, but only when the home would otherwise be full and a return is expected within 10 days. It also pays for up to 24 home-visit days in a calendar year when visits are part of the plan of care. State law separately gives residents the right to keep their bed during a hospital stay of up to 10 days in a row.

Checked against state sources in Oct 2026. State rules are added here as each state is added to this site.

Can a home ask a family member to guarantee payment?

Federal rules do not allow it. A home may not request or require a third-party guarantee of payment as a condition of admission or of staying. It may ask a person who has legal access to the resident's money to sign an agreement to pay from the resident's funds, without taking on personal liability.