The Nursing Home Discharge Process in New Jersey

HNWDischarge from a NJ Nursing Home Defense, Elder Law

By Fredrick P. Niemann, Esq. a New Jersey Nursing Home Discharge Attorney

Under state law, a nursing home must give a patient at least 30 days notice prior to a proposed discharge. Additionally, a nursing home must provide a substantial and lawful reason for discharging the patient. They must also ensure that the patient has a safe place to go following a discharge.  If a patient is proposed to be transferred to another facility, it is important to determine that the new facility can meet his/her needs.

NJ Medicaid law provides a checklist of steps that must be followed prior to a nursing home discharge. These include making sure that the patient has a place to stay, that the patient’s health needs are met, and that necessary medical equipment will be available.

Nursing homes that fail to plan for a discharge properly can be sued. You have rights and can take legal action against a nursing home if they refuse to follow the discharge process, or fail to give adequate notice. For some aging residents facing a nursing home discharge, this is especially important.

The most important thing the law considers is the patient’s safety. It is important to make sure that the patient will have a safe place to go prior to the discharge. If you believe that a proposed discharge is unlawful, you should contact me as soon as practicable.

Our firm is experienced in NJ nursing home discharge law and can help you take action against a nursing home or assisted living residence that unlawfully proposes to discharge an older adult.

Contact him personally today to discuss your New Jersey discharge from a nursing home matter. He is easy to talk to, very approachable and can offer you practical, legal ways to handle your concerns. You can reach him toll free at (855) 376-5291 or by e-mail at


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