Nursing Home Transfer or Discharge Appeal
Appeal & Hearing Rights
If you do not agree with the proposed transfer/discharge, you have the right to appeal the action and request an evidentiary hearing. You may file a request for an appeal and hearing by contacting the New York State Department of Health (NYSDOH) in one of the following manners:
- Phone: Call the NYSDOH Nursing Home Complaint Hotline at 1-888-201-4563.
- Internet: Complete and submit the online Nursing Home Complaint form found at Nursing Home Complaint Form.
- Mail: Complete and mail a paper Nursing Home Complaint Form to the following address:
NYS DOH Centralized Complaint Intake Program
875 Central Ave,
Albany, NY 12206 - Fax: Complete and fax a Nursing Home Complaint Form to 518-408-1157.
- Email: Complete and email a scanned copy of a Nursing Home Complaint Form to nhintake@health.ny.gov.
The Nursing Home is required by regulation to provide written discharge notification when the facility makes the determination to discharge the resident from a nursing home (involuntary discharge). The links below will explain Resident Rights specific to transfers and discharge and provide an example of a Discharge notice template. This template is not required to be used by Nursing Homes, it is an example of the required regulatory language that must be in a discharge/transfer notice.
- Resident Rights regarding Transfers and Discharge
- Discharge Appeal template (DOCX) - Available in the following languages: Spanish, Chinese, Haitian Creole, Italian, Korean, Russian, Yiddish, Polish, Bengali, Arabic
- Nursing Home Discharge Appeal Decisions