The resident has the right to be transferred or discharged only if:
- He or she has recovered to the point of not needing nursing home care.
- It is necessary for the resident's welfare and her/his needs cannot be met in the facility.
- The health or safety of others is endangered.
- He or she has failed to pay for care.
- The facility ceases to operate.
Other rights regarding transfer or discharge from a nursing home:
- A nursing home must give both the resident and a family member or legal representative advance notice of the transfer or discharge within at minimum, 30 days, or as soon as practicable.
- A nursing home that participates in the Medi-Cal program may not transfer or seek to evict a resident when he or she changes from private pay or Medicare to Medi-Cal, or while the Medi-Cal application is pending.
- The nursing home must provide sufficient preparation and orientation to residents to ensure safe and orderly transfer or discharge from the facility.
- The nursing home must produce a discharge summary that includes a post-discharge plan of care that is developed with the participation of the resident and his or her family, which will assist the resident to adjust to his or her new living arrangement.
- The resident has a right to a seven-day bedhold and immediate readmission when transferred to a general acute care hospital, if he or she continues to pay for the nursing home bed.
- After a hospitalization, the resident has the right to be readmitted to the nursing home's first available bed, if the nursing home fails to give written notice of the resident's right to a seven-day bedhold.
- After a hospitalization, a resident who is a Medi-Cal recipient has the right to the nursing home's first available bed even if he or she is absent from the nursing home for more than seven days.