Inappropriate nursing home resident discharges have been a major problem for years. Too many nursing homes maximize profits by inappropriately discharging residents when they become less profitable or are “difficult.” In addition to severe emotional trauma, an inappropriate transfer could put a resident’s well-being and life at risk, especially when they are sent to a location that is unable to meet their needs, such as a homeless shelter, motel, or home of a family member unable to care for them.

To address this problem, federal standards provide strong protections against inappropriate nursing home discharges. There are only six, very specific, permissible reasons for a facility-initiated discharge. Except in very limited circumstances, a facility must provide notice 30 days in advance of a discharge. Residents have the right to appeal a discharge.

In January 2026, the Centers for Medicare & Medicaid Services (CMS) strengthened federal guidance to crack down on nursing homes that flout these requirements. State survey agencies are now required to prioritize complaints alleging discharge to unsafe settings as potential “immediate jeopardy” situations requiring rapid investigation.

To help residents, families, and advocates respond effectively in these challenging situations, LTCCC has developed an easy-to-use Unsafe Nursing Home Discharge Complaint Form.

The form is designed to help residents, families, and advocates:

  • Document why a proposed discharge is unsafe,
  • Explain the resident’s unmet care and supervision needs,
  • Request immediate state intervention, and
  • Reference key federal protections to support their complaint.

The form also includes:

  • Tips for describing serious risk and urgency,
  • References to key federal regulations and CMS guidance,
  • A filing checklist and submission log, and
  • Information on contacting state survey agencies and ombudsman programs.

The form is available here: https://nursinghome411.org/wp-content/uploads/2026/05/LTCCC-Unsafe-Discharge-Complaint-Form.pdf

For more information on nursing home discharge issues and resident rights, see LTCCC’s fact sheets on nursing home transfer and discharge rights, available here: https://nursinghome411.org/learn/facts/.

  • Transfer & Discharge Rights I provides practical information on the six limited circumstances under which a facility can initiate a discharge plus information on documentation requirements and appeal rights.
  • Transfer & Discharge Rights II provides information on when a resident must be permitted to return to a facility, bed-hold rights, and requirements for the notice provided to residents.
  • Transfer & Discharge Rights III provides information specifically for LTC Ombudsmen.

Unsafe discharges can place residents at immediate risk of serious harm. Residents and advocates should act quickly to appeal discharge notices, contact the Long-Term Care Ombudsman Program, and file complaints with the state survey agency when a facility proposes a discharge to an unsafe setting.