By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Appealing Discharge from Nursing Home Attorney

The answer to the question is a firm, “it depends”. A resident can be involuntarily discharged from an assisted living residence under the terms found in the admission agreement, or because the facility can’t provide the residents’ level of care that is needed (involuntary discharge).

Under NJAC 8:36-5.1(d), there are 8 grounds for involuntary discharge:

  • The resident requires 24-hour, seven day a week nursing supervision;
  • The resident is bedridden for more than 14 consecutive days;
  • The resident is consistently and totally dependent in four or more of the following activities of daily living: dressing, bathing, toilet use, transfer, locomotion, bed mobility, and eating;
  • The resident has a cognitive decline severe enough to prevent the making of simple decisions regarding activities such as bathing, dressing and eating and cannot respond appropriately to cueing and simple directions;
  • The resident requires treatment of a stage three or four pressure sore or multiple stage two pressure sores. However, a resident who requires treatment of a single stage two pressure sore shall be retained and a plan of care developed and implemented to stabilize the pressure sore and the condition which caused it;
  • The resident requires more than “assistance with transfer”
  • The resident is a danger to self or others; or
  • The resident has a medically unstable condition and/or has special health problems, and a regimen of therapy cannot be appropriately developed and implemented in the assisted living environment.

To discuss your NJ threatened nursing home or assisted living discharge matter, please contact Fredrick P. Niemann, Esq. toll-free at (855) 376-5291 or email him at  Please ask us about our video conferencing consultations if you are unable to come to our office.