Can a Person Leave a Nursing Home? 

Moving between nursing homes can be challenging for many seniors, especially when it disrupts their day-to-day care. Families often wonder, can a person leave a nursing home—and what does that process involve? Even when the new facility offers better care, access to procedures, or proximity to loved ones, the transition itself can take a toll.

Relocation stress syndrome—also known as transfer trauma—can cause confusion, anxiety, or withdrawal. These effects are often intensified when the move is sudden or poorly managed. Family involvement is key to easing the emotional strain. Staying present, explaining the transition in clear terms, and working with staff to maintain routines can all help reduce distress.

Understanding the law around resident rights and discharge procedures gives families more control and ensures the transition supports both the senior’s well-being and legal protections.

Reasons for Leaving the Nursing Home

In some cases, nursing home residents look to move voluntarily. In other circumstances, loved ones, guardians, or legal counsel advise or make that decision on their behalf.

Nursing home residents may leave a facility for many reasons. Some decisions are based on legal concerns, while others involve finding a nursing home that has better services. Understanding the range of factors behind these moves can help relatives and patients plan with confidence.

Nursing Home Neglect or Abuse

Many nursing homes are staffed by compassionate caretakers and professionals who work hard to support every senior in their care. However, when signs of mistreatment appear, transferring a patient may be the safest option. If you believe your loved one isn’t receiving appropriate services or suspect mistreatment, it’s important to take action quickly.

You can file a complaint with the Illinois Department of Public Health, which oversees nursing home safety and investigates reports of mistreatment. Look for signs such as unexplained injuries, poor hygiene, or changes in behavior, especially after a hospital stay.  

A nursing home cannot legally punish seniors or their families for reporting abuse. In serious cases, a qualified attorney can help protect your rights and prevent future harm to others.

Moving Nursing Home Residents by Choice

If you or your loved one feels it’s time for a change, that option should be available. Some residents don’t feel comfortable in their current nursing home, and similarly, a particular resident in a neighborhood might not feel completely welcome.

Residents also may not need the type of care that their nursing home currently provides. Alternatively, those same residents might require a different level of care offered at a higher quality than that of another skilled nursing facility.

If a nursing home resident’s needs would be better met at another home, it may be time to move. The right nursing home offers appropriate care for seniors at a suitable cost.

Forcing a Resident to Move Out of a Nursing Facility

Under certain circumstances, nursing home residents could be forced into a move. For example, nursing home closures would warrant new homes for all active residents.

Residents could also be forced to transition to nursing homes for financial reasons, though certain payment options could make their current residence a viable option.

In other cases, an understaffed nursing home may not be able to handle the existing demand. The total nursing home volume could present issues, whether because of underpaid nursing home employees or sheer demand.

Illegally Forcing a Resident to Move

Nursing homes have a legal obligation to protect nursing home residents’ rights, but illegal transfers still happen. At a California care center, for example, patients were moved without proper notice, leaving them to find new housing under distress. Unfortunately, these types of forced relocations are not rare. Many nursing care homes will use vague excuses that jeopardize residents’ health and stability.

If you or a loved one is experiencing an unauthorized transfer, a Chicago nursing home abuse lawyer from our team can help challenge the move and hold the facility accountable. 

You can also contact your state’s long-term care ombudsman, who investigates complaints and protects nursing home residents. In many cases, early action by the family can prevent serious harm and uncover signs of financial exploitation, discrimination, or other abuse.

Medicare Coverage of Nursing Home Care

Many nursing home residents depend on Medicare to cover short-term care in a skilled nursing facility following a hospital stay. However, Medicare coverage has limits. When a person no longer qualifies (e.g., no longer needing daily skilled services), benefits can stop abruptly. This leaves families rushing to arrange continued medical care and daily assistance.

If a facility can no longer bill Medicare, the resident may need to apply for Medicaid to continue receiving care services. Medicaid may help with coverage, but knowing what’s included is critical to avoiding surprise costs. Some residents use private insurance or personal funds to pay for care while awaiting Medicaid approval.

Working closely with facility staff during this process helps maintain continuity of care. Medicare and Medicaid eligibility requirements vary, and coordinating assistance early can help prevent coverage gaps or service interruptions.

Therapeutic Leave and Temporary Absences

A therapeutic leave allows a person to temporarily leave a nursing facility without giving up their bed. For seniors with Medicaid, coverage may still apply during their absence. 

Facilities generally cannot bill Medicare for days when the resident is away, which means the resident or relatives may need to pay out of pocket to hold the bed. Be sure to ask the facility who must pay during the leave, whether Medicaid will pay, or if the resident must pay out of pocket to hold their bed.

Can a Nursing Home Refuse to Discharge a Patient?

Nursing homes are legally forbidden from refusing patient discharge under normal circumstances. Nursing homes and other long-term care facilities cannot force residents to stay. Still, any person leaving the facility must be able to make their own medical decisions.

If a resident has surrendered the right to make medical decisions on their behalf, the decision-maker has the right to act for the patient. In all cases, the decision to refuse resident discharge should be made in the interest of that resident’s overall health or future viability.

As long as residents can make sound choices, a nursing home cannot force them to remain on-site despite any medical orders. In addition, nursing homes must help coordinate discharge planning on that resident’s behalf.

If you find yourself or a family member in a situation where a nursing home prevents free movement, consider filing a complaint or hiring a lawyer to secure your rights.

Creating a Plan to Remove a Family Member From Long-Term Care

While the nursing home handles written discharge plans, it’s important to help your loved one build a future-focused plan. Leaving the nursing home—temporarily or permanently—requires coordination, emotional support, and attention to detail. 

Seniors facing this transition often rely on close family and friends to help manage logistics and maintain their well-being through every stage of care.

Have Honest Conversations About Leaving the Nursing Home

Before discharge, talk openly with the resident about the realities of leaving the nursing home facility. Be clear about what nursing home care might still be required, such as home visits for medical care or assistance with daily living. 

These discussions can reduce anxiety and help the resident make an informed, carefully thought-out decision that supports long-term stability. Conversations are also helpful in preserving peace among other residents who may have beds in the room being vacated. 

Prepare for the Transition at Home and Logistically

Start getting the new space ready well before the discharge date. Install safety features like grab bars and ramps, and ensure medical equipment is in place if needed. The resident’s belongings should be packed up from the nursing home bed area. 

If the move is temporary, confirm with facility staff that a same-room bed hold is in place or that therapeutic leave applies. Give the resident access to a phone to stay in touch with caregivers, friends, and family.

Handle Financial, Insurance, and Legal Details Early

Notify health insurance providers of the discharge and confirm how coverage applies. For private pay residents or those relying on a federal program like Medicare, verify billing procedures and the payment source. Nursing facilities are required to provide a written notice before discharging a resident. 

Share updated contact details with family, billing services, and care providers. If a same-room bed hold applies, confirm this with staff. Budget for relocation costs and changes in routine nursing home care, especially if nursing home coverage is limited. If there are concerns about nonpayment, neglect, or facility violations, seek legal help right away.

Tips For Removing Your Loved One From A Nursing Home

When it’s time for a person to leave their current nursing home, a few simple steps can help avoid unnecessary complications. Thoughtful planning is critical when the next destination involves a return home, a new facility, or a long-term care setting that requires coordination with Medicare and Medicaid to pay for continued support.

Consult these tips to streamline the transition:

• Keep track of all medications and dosing to maintain proper care.
• Confirm transportation details to avoid delays for the residents and anyone assisting them.
• Pack all essential belongings, including items stored near the bed, to reduce confusion or stress.
• Stick to regular meal times for your loved one, even with a busy schedule.
• Visit the new facility beforehand to discuss care needs, bed availability, and how services will be billed under Medicare or Medicaid.

These steps support a smoother transition. If you suspect nursing home neglect, speak up. Prioritize your loved one’s safety and ability to pay for care.

Why Choose a Nursing Home Abuse Attorney After an Involuntary Transfer

When a patient is forced to leave the nursing home without proper notice, their health, stability, and access to essential services are all at risk. These sudden transfers often ignore the resident’s care needs and legal rights. An elder law attorney can step in to challenge these actions and hold the facility accountable.

Our legal team focuses on protecting nursing home patients and their families. We investigate violations, push back against claims, and demand compliance with the law. If your loved one is facing an emergency removal or unfair discharge, we’re ready to fight for the care, safety, and respect they deserve.Contact us at (888) 424-5757 or through our online form to discuss your legal options.

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.