At Nursing Home Injury Law Group, we protect residents, patient families, and others when a Nevada nursing home or nursing facility threatens a discharge or eviction based on alleged nonpayment. We understand the financial pressure that comes with an overdue balance and how confusing it can be to navigate the rules, types of notices, and options available when a facility claims a resident cannot keep their bed or place. When a nursing home resident receives a form or notice stating that services will stop, or that their presence at the facility is at risk, the situation creates fear and urgent questions that families should never have to face alone.
Our responsibility is to ensure that every facility in Nevada complies with federal law, Nevada state regulations, and all protections designed to safeguard residents’ rights and safety. We use our knowledge of legal requirements, real-world strategies, and service compliance standards to help families review the information they receive, understand available options, and challenge unfair actions. By addressing issues early, analyzing financial concerns, and evaluating all forms of communication from the facility, we work to prevent unsafe or improper discharges and ensure residents maintain the care and stability they deserve.
Nevada Laws and Federal Regulations Control Discharges for Nonpayment
Nursing homes and facilities in Nevada cannot simply remove a resident for nonpayment. Both federal law under the Nursing Home Reform Act and Nevada state rules under NRS 449 and NAC 449 establish strict requirements that apply across States and protect every individual living in a licensed facility. These regulations apply to all facilities that accept Medicare or Medicaid and safeguard residents from threats of improper nursing home discharge, unsafe transfers, and evictions that violate their rights. The fact that a facility claims overdue fees does not give staff the authority to disregard established protections or bypass mandatory procedures.
Our attorneys review every discharge case carefully to ensure the facility has a valid legal reason for the discharge. Under federal and Nevada regulations, a facility may discharge a person only for specific reasons, and nonpayment is one such reason. However, the nursing home must follow proper notice procedures at every point in the process, provide all required information, and develop a safe discharge plan that considers the resident’s health, location, level of care needs, and safety. We examine whether the facility staff complied with all obligations before attempting a transfer or discharge and ensure the resident’s rights remain fully protected.
Nevada Nursing Home Facilities Must Prove True Nonpayment Before Any Discharge
In many cases, the reason listed in the notice is not actually supported by the facts. A Nevada nursing facility cannot label a resident as refusing to pay when the real issue is billing mistakes, insurance confusion, or errors created by the facility. Problems with a payment source, Medicare coverage, Medicaid delays, or internal miscommunication often lead to incorrect notices.
A nursing home may not use nonpayment as grounds for discharge when:
- A Nevada Medicaid application is pending
- The resident or representative is cooperating with a Medicaid request
- The facility miscalculated the amount owed
- Medicare coverage is still under review
- The resident has submitted all required forms
- The balance is part of a legitimate dispute
We help families address these problems, request facility records, and challenge the nursing home’s claims. In Nevada cases, we often find that the resident made every effort to pay, yet the facility engaged in things nursing homes are not allowed to do—failing to provide proper billing information, creating confusion about services, or incorrectly applying fees.
Proper Written Notice Is Required Before Any Nevada Discharge
Any facility in Nevada attempting to discharge a resident for nonpayment must provide written notice at least 30 days in advance. The notice must include the resident’s name, the exact date of the discharge, the reason for the discharge, the location of the transfer, and the resident’s right to appeal. The notice must also include contact information for both the Nevada Long-Term Care Ombudsman and a nursing home attorney or representative who can assist.
If the notice is missing information, contains incorrect content, or is delivered improperly, the facility violates federal and Nevada regulations. We review these notices to ensure full compliance. Many notices list vague reasons, such as “balance due,” without explaining the amount, the payment source, or the contract terms. These notices fail to meet legal requirements.
A Safe and Appropriate Discharge Location Must Be Guaranteed
Even when a facility claims valid nonpayment, it cannot transfer or discharge a resident unless it identifies a safe place for the resident to go. Nevada law requires that the transfer location accept the resident, meet the resident’s care needs, and maintain the resident’s health and safety. A facility may not discharge someone to a hospital emergency department, an unsafe residence, or any location that does not provide necessary services.
We intervene when facilities attempt unsafe transfers, including cases involving individuals with disabilities, patients recovering from hospitalization, or families unable to provide proper care at home. Nevada facilities must ensure compliance before moving any resident.
Nevada Medicaid Issues Cannot Be Used as a Discharge Justification.
Medicaid is one of the most common sources of payment for long-term nursing home care in Nevada. However, Medicaid applications often take time to process. Under federal and Nevada law, a facility cannot classify a resident as nonpaying when:
- A Medicaid application is active
- Additional documentation is being submitted
- The application is under appeal
- The facility delayed the submission of the required forms
- The resident is awaiting a disability determination
We help families file Nevada Medicaid applications correctly, track their progress, and address any issues raised by the state. Facilities must assist with the application and may not threaten eviction during the process.
Facilities Must Attempt Reasonable Solutions Before Discharging a Resident
Before issuing a discharge notice, a Nevada nursing home must show that it tried to resolve the situation. Solutions may include payment plans, updated billing statements, corrections to charges, communication with family or a representative, or assistance with Medicaid or Medicare coverage.
In Nevada cases we review, we often find no record of the facility making these efforts. Many notices show the facility moved directly to discharge without offering support. These situations violate state and federal obligations and provide grounds for appeals.
Improper Discharge Attempts Violate Federal and Nevada Regulations
If a facility fails to follow required procedures, the discharge is unlawful. Violations include:
- Missing or incomplete notice
- No safe transfer location
- Incorrect reasons for discharge
- Retaliation for complaints to the Ombudsman
- Attempts to remove a resident during hospitalization
- Pressure to leave because the resident is challenging to care for
- Failure to follow the resident’s contract or agreement
We handle cases where the reason listed—such as nonpayment—was used only as a pretext. We also address threats of eviction, unsafe transfers, and attempts to push families into accepting a discharge they do not understand.
Residents Have the Right to Appeal and Remain in the Facility
Nevada residents have the right to appeal any discharge, and once the appeal is filed, the resident must remain in the facility until the dispute is resolved. This is a critical protection that allows time to gather documents, fix payment issues, and ensure the resident remains safe.
Our team at Nursing Home Injury Law Group prepares appeals, represents residents at hearings, and challenges facilities that fail to follow the proper process. Appeals often result in the discharge being delayed, modified, or overturned entirely.
The Nevada Long-Term Care Ombudsman Supports Residents and Families
The Nevada Ombudsman helps residents understand their rights, addresses complaints, investigates improper discharges, and ensures that the facility complies with all regulations. The Ombudsman plays a vital role in resolving disputes and protecting residents from intimidation or threats.
We frequently work with the Ombudsman to review notices, support appeals, and advocate for residents facing unsafe situations.
Family Participation Strengthens Protection Against Discharge
Families can help protect their loved one by keeping records, requesting billing statements, reviewing agreements, tracking payments, and contacting the Ombudsman or us when any issue arises. We assist families by providing direction, reviewing content in notices, and helping them communicate with the facility.
Our Legal Team Protects Nevada Residents Facing Nonpayment Discharge
At Nursing Home Injury Law Group, we use the law to protect residents, support families, and challenge unsafe or unlawful discharges across Nevada. We review the resident’s case, examine all issues, evaluate agreements, verify compliance, and address any disputes involving payments, fees, contracts, or overdue balances. We stand with individuals and families to ensure that every nursing home complies with federal and state protections.
Frequently Asked Questions (FAQs)
1. What happens if a Nevada nursing home miscalculates charges and claims nonpayment?
If the facility’s billing is incorrect, the resident cannot be discharged. Nevada facilities must correct errors, provide updated statements, and resolve disputes before taking any action.
2. Can a Nevada nursing home stop providing certain services while claiming a resident has an unpaid balance?
No. A facility may not reduce essential care, therapy, or nursing services as punishment for alleged nonpayment. Doing so violates federal and Nevada protections.
3. Are residents protected from discharge during hospitalization if the facility claims outstanding fees?
Yes. A nursing home cannot issue a nonpayment discharge while a resident is in the hospital, nor can it refuse readmission solely because of an overdue balance.
4. Does a resident’s representative have the right to receive financial and billing records before responding to a discharge notice?
Yes. The facility must provide complete billing statements, itemized charges, and documentation of payment attempts so the representative can evaluate the situation.
5. Can a Nevada nursing home charge fees not listed in the admission agreement and use them to justify a discharge?
No. Any fee not included in the signed contract cannot be used to claim nonpayment or justify eviction.
6. What if a resident’s Medicaid or Medicare coverage changes and the facility claims nonpayment during the transition?
The facility must assist with the transition and cannot discharge the resident while coverage is being processed, corrected, appealed, or updated.
7. Does a resident have the right to remain in the same bed or room during an appeal of a nonpayment discharge?
Yes. Once an appeal is filed, the facility must keep the resident in the same room unless a safety or medical issue requires a transfer.
8. Can a Nevada nursing home pressure a resident to leave voluntarily instead of issuing a formal discharge notice?
No. Any attempt to push a resident to leave—verbally or through intimidation—violates federal and state requirements for proper discharge procedures.
9. Does a facility have to provide transportation to the approved discharge location if the resident is being moved?
Yes. If a discharge is lawful and finalized, the facility must arrange safe, appropriate transportation that meets the resident’s medical needs.
10. What can families do if a facility refuses to respond to questions about billing or discharge notices?
Families can request help from the Nevada Long-Term Care Ombudsman or contact a nursing home attorney. Facilities are legally obligated to respond promptly and provide complete information.