Your Legal Rights


What If A Nursing Home Asks Me To Leave? Under the Nursing Home Reform Law and Virginia state law, residents have protections when they are asked to leave the facility, to go to another facility, to go back to their home or to go to the home of a loved one.

Can I Appeal The Discharge? You have a right to appeal to the Department of Medical Assistance Services (DMAS) to challenge the discharge and you should file your appeal before the date of the proposed discharge. The Nursing Home cannot make you leave until you have a safe place to go where you will receive appropriate care. The Nursing Home staff must help you and your family find an appropriate place to move to and they must develop a plan of care to help you adjust to the new place. What If I Go From The Nursing Home To The Hospital For A Time? If you go to the hospital, you have the right to go back to the first available bed in the same nursing home as long as you are Medicaid-eligible and you still need nursing home care.

First, consider: • Could the facility truly not meet your health care needs? • Has your health improved enough that you no longer qualify for nursing home care? • Is the safety of other residents seriously endangered by your actions? • Is the physical health of others seriously at risk because of you or your actions? • Have you failed to pay your bill? • Is the facility closing? These are the only valid reasons a nursing home can ask a resident to leave. Does The Nursing Home Have To Send Me A Notice? The Nursing Home must send a written notice that states the reason for the discharge, the proposed date of discharge and the location of where you will be sent.

This is legal information. If you want legal advice that is specific to your situation, you need to talk with an attorney. To find out if you are eligible for free legal advice or representation, you can contact Southwest Virginia Legal Aid at or you can call toll free at 1-888-201-2772. | 1-888-201-2772

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