Health & Benefits

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

The 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.

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

• 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 your application is pending, 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.

Starting on January 1, 2025, if only part of the facility participates in medical assistance programs, the facility can discharge you if you are no longer able to pay without medical assistance. This only applies if you are living in the part of the facility that does not participate in the medical assistance program. The facility must explain this when you are admitted. If your Medicare coverage is ending before the full 100-day benefit period, the facility must give you 5 days notice (or 2 days at a minimum) that your coverage is likely to end.  

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.

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 that 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.

Learn more about fighting a nursing home discharge or transfer.