Can a Georgia nursing home evict or discharge my parent against our wishes?

· 3 min read

A nursing home cannot simply remove a resident whenever it wishes. Discharges and transfers are regulated, and a facility must have a permitted reason and follow required notice and appeal procedures before moving a resident out against the family’s wishes. These limits exist because an involuntary discharge can be dangerous for a frail resident, and the rules guard against using discharge as a convenience or a punishment.

The limited grounds for an involuntary discharge

For facilities that participate in Medicare or Medicaid, federal rules at 42 CFR § 483.15 set out when a resident may be transferred or discharged against their will. The recognized reasons are narrow and generally include that:

  • The discharge is necessary for the resident’s welfare and the facility cannot meet their needs.
  • The resident’s health has improved enough that the facility’s services are no longer needed.
  • The resident’s presence endangers the safety or health of others in the facility.
  • The resident has failed, after reasonable notice, to pay for their stay.
  • The facility ceases to operate.

A discharge that does not fit one of these grounds, or that is really retaliation for a complaint, is improper.

Notice and the right to appeal

Even with a valid reason, a facility must follow procedure. The rules generally require advance written notice, in most cases well before the planned discharge, stating the reason, the effective date, the location the resident is being sent to, and how to appeal. They also require safe and orderly discharge planning so the resident is not simply turned out without an appropriate destination. A resident or family who disagrees can request a hearing, and the discharge can be contested through that appeal process.

“Resident dumping,” where a facility sends a resident to a hospital and then refuses to readmit, is a recurring problem these protections are meant to prevent. Bed-hold and readmission rules can give a resident the right to return.

State protections and harm-based claims

State law adds another layer to these federal procedures. Georgia’s Bill of Rights for Residents of Long-Term Care Facilities, O.C.G.A. § 31-8-100 and following, backs up residents’ rights and opens the door to a civil action where a violation does harm. Should an unlawful discharge injure a resident, that statutory remedy and ordinary negligence principles may both come into play, so long as suit is brought inside the two-year period fixed by O.C.G.A. § 9-3-33.

The bottom line

A Georgia nursing home can discharge a resident against the family’s wishes only for specific, limited reasons and only after giving proper notice and an opportunity to appeal. A discharge outside those grounds or without the required process can be challenged, and harm it causes may give rise to a claim.

This article is for general educational and informational purposes only and is not legal advice. It does not create an attorney-client relationship, and Georgia law may change. For advice about a specific situation, consult a licensed Georgia personal injury attorney.

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