Once an individual is admitted to a nursing home (comprehensive care facility), the facility may not transfer or discharge the resident unless:
- the transfer or discharge is necessary for the resident's welfare and the resident's needs cannot be met in the facility;
- the transfer or discharge is appropriate because the resident's health has improved sufficiently so that the resident no longer needs the services provided by the facility;
- the safety of individuals in the facility is endangered;
- the health of individuals in the facility would otherwise be endangered;
- the resident has failed, after reasonable and appropriate notice, to pay for (or to have paid under Medicare or Medicaid) a stay at the facility; or
- the facility ceases to operate.
This web page is intended to provide residents of nursing homes and their families or representatives with information about transfer and discharge from a nursing home.
Forms
State Form 49669 Notice of Transfer or Discharge (PDF | Word)
State Form 49831 Notice of Transfer or Discharge Request for Hearing (PDF | Word)
Frequently Asked Questions
Frequently asked questions about the transfer and discharge hearing process
Resident Advocate Agencies and Organizations
| The State Ombudsman is a State Office that serves as an advocate for nursing home residents. | The Indiana Protection and Advocacy Services organization provides assistance, if needed, for residents who are mentally ill or developmentally disabled. |
| State Ombudsman Office of the Long Term Care Ombudsman 402 West Washington Street, Room W451 Post Office Box 7083, MS 27 Indianapolis, Indiana 46207-7083 Information/complaint line: 800-622-4484 or 317-232-7134 Fax: 317-972-3285 LongTermCareOmbudsman@ombudsman.IN.gov https://www.in.gov/ombudsman/long-term-care-ombudsman/overview/ | Indiana Protection and Advocacy Services 4701 North Keystone Avenue, Suite 222 Indianapolis, IN 46205 Voice: 1-800-622-4845 or 317-722-5555 TTY: 1-800-838-1131 Fax: 317-722-5564 https://www.in.gov/idr/ |
Definitions
- Inter-facility transfer and discharge: the movement of a resident to a bed outside of the licensed facility. For Medicare and Medicaid certified facilities, an inter-facility transfer and discharge means the movement of a resident to a bed outside of the certified facility whether that bed is in the same physical plant or not.
- Intra-facility transfer: the movement of a resident to a bed within the same licensed facility. For Medicare and Medicaid certified facilities, an intra-facility transfer means the movement of a resident to a bed within the same certified facility.
Contact
| Indiana Department of Health Division of Long Term Care 2 North Meridian Street, 4B Indianapolis, IN 46204 Long Term Care Receptionist: 317-233-7442 IDOH Main Switchboard: 317-233-1325 | Director of Long Term Care Brenda Buroker bburoker@health.in.gov 317-234-7340 Administrative Assistant: 317-233-9691 Fax: 317-233-7322 |
| Office of Legal Affairs (for information about a hearing) Indiana Department of Health Court Administrator, Office of Legal Affairs Division of Long Term Care 2 North Meridian St. Section 3-H Indianapolis, IN 46204 317-233-7409 |
Laws and Regulations
Federal Regulations
42 CFR ยง 483.12(a) and 483.10 Transfer and Discharge Requirements