You have a right to remain in a nursing home unless the facility can prove that a transfer or discharge is necessary under the following reasons:

Illinois Nursing Home Care Act (non-Medicare or Medicaid facilities) for:

• Medical reasons,
• Your physical safety,
• The physical safety of other residents, staff or visitors, or
• Non-payment.

Federal Nursing Home Reform Act (facilities that receive Medicare or Medicaid) for:

• Your needs cannot be met,
• Your health has improved so you do not need services,
• The health and safety of individuals in the facility are at risk,
• You have failed to pay, or
• The facility stops operating.

If you receive Medicaid or pending application, a facility can't discharge you. This is only for facilities that participate in Medicaid. If the facility has no Medicaid-funded beds, you may be discharged if you can't pay on your own.

You should receive a notice

If the nursing home wants to transfer or discharge you, it must give you written notice, unless there's an emergency. Medicare- or Medicaid-funded facilities must give 30 days’ notice. Other facilities must give 21 days’ notice. If the nursing home says that the transfer or discharge is an emergency, you should receive the notice as soon as possible. The notice must tell you:

• Why the nursing home wants you to move,
• Where it is moving you,
• Your right to appeal the decision, and
• Organizations that you can contact for assistance.

Starting January 1, 2024, the Illinois Long-term Care Ombudsman must be notified if you are involuntarily transferred or discharged.  

Assistance with an involuntary transfer or discharge

The Illinois Long-term Care Ombudsman can:

• Answer questions about the discharge process,
• Provide assistance in contesting the transfer or discharge,
• Provide you with information about free legal assistance.

You can find the Ombudsman for your area by:

• Visiting the Illinois Department on Aging website,  
• Calling the Illinois Department on Aging, Senior Helpline at 800-252-8966, or
• Emailing the Illinois Department on Aging at [email protected].

People with developmental disabilities or mental illness can contact:

Equip for Equality, Inc.
20 N. Michigan Ave., Suite 300
Chicago, IL 60602
312-341-0022, (Voice)
800-537-2632, (Voice)
800-610-2779, (TTY)

You can appeal a discharge or transfer from a nursing home

If you file an appeal on time, the facility can't discharge or transfer you while the appeal is pending. If there is an emergency which threatens your safety or the safety of others, the facility may discharge you right away. In this case, you may be returned to the facility if you win your appeal.