For many families, placing a loved one in a nursing home is a difficult but necessary decision. It represents trust—a belief that the facility will provide consistent care and safety. But that trust is often shattered when a facility suddenly evicts or transfers a resident without proper cause or notice.

These removals, sometimes called “involuntary discharges,” can leave vulnerable seniors traumatized and displaced. Families across Ohio report cases where residents were sent to hospitals, shelters, or other facilities without warning—sometimes for financial reasons or as retaliation for complaints.

The law is clear: nursing homes cannot arbitrarily evict or transfer residents. Understanding your rights and the proper legal process is crucial to stopping or reversing an unlawful discharge.

When Nursing Homes Are Allowed to Evict or Transfer a Resident

Under federal law (42 CFR § 483.15) and Ohio Administrative Code 3701-17-15, nursing homes can only transfer or discharge residents for specific, legally recognized reasons, including:

1. The resident’s health has improved enough that they no longer need nursing home care.
2. The facility can no longer meet the resident’s needs due to medical or behavioral issues.
3. The resident endangers the health or safety of others.
4. The resident fails to pay for care, after reasonable notice and attempts to resolve payment.
5. The facility closes or ceases to operate.

Any other reason—such as complaints about care, high-cost needs, or family conflicts—is not legally valid.

Required Notice for Transfers or Evictions

Nursing homes must follow strict notification rules before discharging or transferring a resident.

In Ohio, the facility must:

• Provide at least 30 days’ written notice before the transfer or discharge (except in emergencies).
• State the reason for the discharge.
• Identify the new location to which the resident will be transferred.
• Provide contact information for the Ohio Long-Term Care Ombudsman and Ohio Department of Health (ODH).
• Explain the resident’s right to appeal the decision.

Failure to provide proper notice or an appeal opportunity makes the eviction illegal.

Common Reasons Behind Unlawful Evictions

Even though laws protect residents, some facilities still engage in illegal or unethical evictions. Common scenarios include:

1. Retaliation for Complaints

Facilities sometimes attempt to remove residents—or pressure families to relocate them—after complaints about neglect or abuse. This is strictly prohibited under federal and Ohio law.

2. “Dumping” Residents to Hospitals

Some facilities send residents to hospitals for treatment and then refuse to readmit them, claiming their needs have changed. This practice, known as “hospital dumping,” is illegal without proper documentation and approval.

3. Financial Motives

Facilities may try to discharge residents who switch from private pay to Medicaid, viewing them as less profitable. This is considered discrimination and is unlawful.

4. Behavioral Issues

While facilities can act if a resident endangers others, they must document incidents, attempt interventions, and explore alternatives before resorting to eviction.

Each of these examples reflects improper conduct and potential legal liability for the nursing home.

Ohio Laws Protecting Residents from Unlawful Eviction

In addition to federal regulations, Ohio law provides strong protections against involuntary or improper discharges.

Under Ohio Administrative Code 3701-17-15, facilities must:

• Demonstrate that the discharge is necessary and appropriate.
• Provide written justification to the Ohio Department of Health.
• Help ensure a safe and orderly transfer, including continuity of care.
• Permit residents to appeal through the State Hearing System.

If a resident files an appeal, the facility cannot proceed with the discharge until a hearing decision is made.

The Role of the Ohio Long-Term Care Ombudsman

The Ohio Long-Term Care Ombudsman plays a vital role in protecting residents from involuntary discharge. Ombudsmen advocate for residents’ rights and can:

• Investigate unlawful evictions.
• Mediate between families and facilities.
• Help residents file formal appeals.
• Report violations to regulatory authorities.

Families can contact the Ombudsman at 1-800-282-1206 for free assistance.

What Families Should Do If Facing an Eviction Notice

If your loved one receives an eviction or transfer notice, it’s critical to act quickly. Here’s what to do:

1. Stay Calm and Don’t Sign Anything
   Do not sign discharge papers or agree to a transfer without reviewing your legal options.
2. Request Written Documentation
   Ask for a detailed explanation of the reason for discharge and the facility’s compliance with notice requirements.
3. File an Appeal Immediately
   In Ohio, residents have the right to appeal within 30 days of receiving the notice. Once filed, the facility must halt the eviction until the hearing concludes.
4. Contact the Ombudsman and ODH
   Report the attempted discharge to the Ombudsman Program (1-800-282-1206) and Ohio Department of Health (1-800-342-0553).
5. Consult an Attorney
   A lawyer experienced in elder care law can file injunctions, represent you at hearings, and pursue legal remedies if the eviction violates residents’ rights.

Legal Remedies for Illegal Nursing Home Evictions

Families can pursue several legal options when a facility unlawfully evicts a resident:

• Administrative appeals to overturn the discharge decision.
• Civil lawsuits for damages related to emotional distress, relocation costs, or health decline.
• Injunctions to force the facility to readmit the resident.
• Complaints to regulators, leading to fines or sanctions against the nursing home.

Courts in Ohio have repeatedly recognized that unlawful nursing home evictions cause significant harm to residents—both physically and emotionally—and must be addressed swiftly.

The Emotional Toll of Forced Transfers

Beyond the legal implications, forced removals take a severe emotional toll. Seniors who are evicted from familiar surroundings often experience:

• Confusion and anxiety.
• Depression and withdrawal.
• Loss of trust in caregivers.
• Rapid physical decline or death due to stress.

For residents with dementia or Alzheimer’s, even minor disruptions can be catastrophic. That’s why laws exist to ensure transfers only occur when truly necessary and handled with dignity.

How Michael Hill Helps Families

Attorney Michael Hill, based in Cleveland, Ohio, is a nationally recognized advocate for nursing home residents and their families. He has helped numerous families challenge unlawful discharges and retaliatory evictions across Ohio.

Michael and his team assist families by:

• Reviewing the legality of the eviction notice.
• Filing immediate appeals or injunctions to stop removals.
• Working with the Ohio Ombudsman and ODH to enforce residents’ rights.
• Pursuing legal action for emotional and financial damages.
• Holding negligent or retaliatory facilities accountable.

Michael approaches every case with compassion, urgency, and a commitment to justice, ensuring that elderly residents are treated with the dignity and protection they deserve.

Conclusion

Nursing home residents have the right to call their facility home—free from arbitrary or retaliatory eviction. Unfortunately, unlawful discharges remain a growing problem in Ohio and across the country, often leaving vulnerable seniors displaced and traumatized.

Families must remember: you have legal rights and powerful tools to fight back. No facility can evict a resident without valid cause, proper notice, and a fair appeal process.

If your loved one is being threatened with eviction or was removed from a nursing home without cause, Attorney Michael Hill can help. With extensive experience in elder law and nursing home negligence throughout Ohio and the U.S., he will fight to protect your family’s rights and ensure that justice—and safety—are restored.