Yes, always. There are only a handful of reasons a resident of a nursing home or assisted living facility can be involuntarily discharged or transferred from their home; these include:
- The resident’s needs have changed such that they cannot be met by the facility
- The resident’s health has improved such that they no longer require long-term care
- The health or safety of individuals in the facility is endangered
- The resident has failed to pay or have Medicare/Medicaid pay for the stay after reasonable and appropriate notice
- The facility ceases to operate
Even when one of the above conditions is met there is a formal process for an involuntary discharge. This should begin with a discharge planning meeting to ensure continuity of care when the resident leaves and to determine what the next step is for the resident. Except in cases of emergency, the resident must be given a completed Notice of Transfer or Discharge (State Form 49669) 30 days before the discharge would take effect. This form includes, among other things, information about a resident’s right to appeal an involuntary transfer or discharge via a Notice of Transfer or Discharge Request for Hearing (State Form 49831), which the facility must include with the Notice of Transfer or Discharge.
Whether the facility has followed all the appropriate steps for an involuntary discharge or not, you can always contact your long-term care ombudsman to advocate for the rightful process or to accompany a resident through the appeal process. In fact, the contact information for the state and local ombudsman should be listed on the discharge notice itself.