Can a Nursing Home Discharge Me If My Health Hasn't Changed?

Potentially, though the issue may be more of coverage than of medical care. You don’t say how you are paying for your care.

If you are receiving Medicare coverage, it will pay for up to 100 days of skilled care, but only so long as you still need skilled care. If the facility determines that you no longer require skilled care and you disagree, you may appeal that decision.

If you are, instead, covered by Medicaid, the level of care requirement is lower, but it still exists. Being terminated from Medicaid due to a level of care determination is highly unusual.

Harry S. Margolis practices elder law, estate, and special needs planning in Boston and Wellesley, Massachusetts. He is the founder of and answers consumer questions about estate planning issues here and at