Here is a Checklist to Evaluate Whether a Notice of Discharge is Legal Under New Jersey Law

By Fredrick P. Niemann, Esq., of Hanlon Niemann, A Freehold New Jersey Appealing Discharge From Nursing Home Attorney

New Jersey has detailed regulations concerning the discharge of an institutionalized nursing home resident.  The following is a checklist to review if a Notice of Discharge has been served and you want to appeal the discharge.

  • The notice must be in writing, entered in the clinical record and given to the resident and, if known, a family member or legal representative;
  • The notice must state the reason for the discharge in the language the resident understands;
  • The notice must include the following disclosures:
    • The reason for discharge;
    • The proposed effective date of discharge;
    • The location of the discharge;
    • A disclosure of a patient’s right to appeal;
    • The name, address and phone number for the New Jersey Ombudsman for the Institutional Elderly and state agencies responsible for advocacy for medically ill, mentally ill and developmentally ill persons;
    • Name and address of advocacy agency for  mentally ill and disabled;
    • A minimum thirty (30) day notice requirement or if an emergency, a date as soon as practicable when safety or health of individuals is endangered; immediate transfer is required by residents urgent medical needs; or

Other Notice Required

  •  Use of the state specified form for a proposed discharge;
  • A signed notice by the administrator or designee;
  • The clinical record documented by the residents physician or a physician;
  • Reason under Federal Law for the proposed discharge specified;
  • Is there an explanation to support the action?
  • Is there an effective date of transfer?
  • Is the discharge location described?

To discuss your concerns over a discharge from a nursing home, please contact Fredrick P. Niemann, Esq. toll-free at (855) 376-5291 or email him at