What Is Patient Dumping?

A nursing home is supposed to provide care, not throw people out when they need help the most. But some facilities do just that—discharging vulnerable residents without warning, sometimes without a safe place to go. Families show up, expecting to visit a loved one, only to learn the nursing home sent them to a hospital and refuses to take them back. Others get a rushed phone call, telling them to pick up their parent or grandparent immediately. No discussion. No options. Just an eviction notice disguised as a discharge.

This isn’t just a bureaucratic issue—it’s an unlawful practice that puts residents at risk. But what is patient dumping, and how do nursing homes get away with it?

Nursing homes have a duty to protect their residents—not abandon them. The patient dumping meaning is simple: forcing out vulnerable residents without regard for their safety. Nursing home patient dumping violates federal law, and families don’t have to accept it. Pierce Skrabanek can help. Call (832) 690-7000 for a free case review.

Why Do Nursing Homes Do This?

It comes down to money. Nursing homes prioritize residents who bring in higher reimbursements, such as those covered by private insurance or short-term Medicare benefits. When a resident’s coverage changes—often when they transition to Medicaid—the nursing home suddenly finds a reason to discharge them.

Other times, a facility labels a resident as “difficult” or “hard to manage” because they require more care or have behavioral issues related to dementia. Rather than providing the necessary support, the facility transfers them to a hospital and refuses to readmit them, leaving families to figure out what happens next.

What the Law Says About Patient Dumping

Federal law protects nursing home residents from being thrown out without cause. The patient dumping law under 42 CFR § 483 states that a nursing home can only discharge a resident under specific circumstances:

• The resident no longer needs nursing home care.
• The facility cannot meet the resident’s needs.
• The resident’s presence endangers others.
• The resident has not paid and has no available payment sources.
• The facility is shutting down.

Even when a discharge is legally justified, the nursing home must provide written notice, give advance warning, and ensure a safe transition plan. Dumping a resident at a hospital with no plan for where they’ll go next violates federal regulations and puts residents at risk.

How Nursing Home Dumping Violates HIPAA

Federal law doesn’t just protect a resident’s right to remain in a facility—it also protects their privacy. When a nursing home unlawfully discharges a resident, they often send medical records to hospitals or third parties without consent. This violates HIPAA (Health Insurance Portability and Accountability Act), which requires facilities to keep patient records confidential unless properly authorized.

Hospitals frequently see nursing homes using emergency transfers as a loophole, sending residents to ERs without a medical emergency. Some hospitals refuse to discharge patients back to the nursing home, leaving families caught between two institutions unwilling to take responsibility.

Nursing homes count on families not knowing their rights. They use complicated policies and bureaucratic delays to push residents out, hoping no one will push back. You don’t have to accept it. Pierce Skrabanek has taken on powerful corporations and won. Call (832) 690-7000 or fill out our online form to learn what you can do to stop an unlawful discharge.

Who Is Most at Risk?

No nursing home resident should be put out on the street, but some groups face this issue more than others:

• Long-term Medicaid patients. Residents who rely on Medicaid for long-term care bring in lower reimbursements, making them a financial target.
• Residents with dementia or behavioral needs. Instead of providing proper care, some facilities transfer them to hospitals under the excuse that they are “too difficult.”
• Residents without family advocates. Patients without involved family members are easier for facilities to remove without pushback.

These discharges don’t just strip residents of care—they leave them confused, frightened, and, in some cases, homeless.

Can a Nursing Home Refuse to Take a Patient Back?

Hospitals often admit residents for short-term care due to infections, falls, or other medical issues. When it’s time to be discharged back to the nursing home, some facilities refuse to readmit the patient, claiming they can no longer meet their needs. Families may be told the nursing home is “reviewing the case” or that a bed is no longer available—stall tactics that force residents into limbo.

The patient dumping law makes it clear: A nursing home must follow proper procedures. Facilities cannot refuse to take a patient back without a valid reason. Medicaid and Medicare regulations also require nursing homes to provide notice and discharge planning. When a facility refuses, families have the right to challenge the decision and demand accountability.

What to Do If a Nursing Home Tries to Dump a Loved One

A nursing home may try to justify an improper discharge with vague explanations or outright misinformation. Families should act quickly:

1. Request written documentation. The facility must provide a formal discharge notice stating the reason and the plan for continued care.
2. Contact the long-term care ombudsman. Every state has an ombudsman program that investigates nursing home complaints and fights for resident rights.
3. File a complaint with the state health department. Nursing home regulations are enforced at the state level. Complaints trigger investigations that may prevent an unlawful discharge.
4. Seek legal help. Facilities often rely on families not knowing their rights. Holding them accountable requires action.

Pierce Skrabanek Holds Nursing Homes Accountable for Patient Dumping

Nursing homes don’t always play by the rules. They know how to manipulate policies, delay responses, and pressure families into accepting improper discharges. Pierce Skrabanek doesn’t let them get away with it.

Our team has spent decades standing up to corporations that put profits over people. We take cases against nursing homes that violate resident rights, and we don’t back down when facilities try to dodge responsibility.

A nursing home cannot discharge a resident without following the law. If a facility is trying to force a loved one out, we can step in. Call (832) 690-7000 today for a free consultation.