Involuntary Discharge and Transfer Appeals

What is an Involuntary Transfer or Discharge?

Any transfer or discharge of a resident that is initiated by a Medicare skilled nursing facility or a Medicaid nursing facility.
- Involuntary Transfers and Discharges are governed by 42 CFR § 483.15.
- Nursing Facilities must give written notice to the resident. You can find a sample Involuntary Discharge Notice at /content/dam/tn/tenncare/documents/NFInvoluntaryDischargeNotice.pdf.

Yes. Pursuant to 42 CFR § 431.220(a)(2), any resident in a Medicare skilled nursing facility or a Medicaid nursing facility can request an appeal if he or she believes a facility has erroneously determined that he or she must be transferred or discharged.
- The appeal can be filed by the resident, their family or other representative.

You can appeal by phone, fax, email or mail.
- Toll Free Phone: 833-582-1224
- Fax: 615-734-5317
- Email: cd.appeals.tenncare@tn.gov
- Mail: TennCare’s Commissioner’s Designee ATTN: Involuntary NF Discharge Appeals 310 Great Circle Road, Nashville, TN 37243
You can use the Appeal Form or you can write your appeal on plain paper, but be sure to include:
- Resident’s Name and Phone Number
- Resident’s Representative and Phone Number, if applicable
- Facility Name
- Provide a copy of the discharge notice from the facility

After an appeal has been submitted, you will receive written confirmation that your appeal was filed. If the appeal was timely filed, a contested case hearing will be held and a written decision will be issued on the involuntary discharge. The hearing will be conducted pursuant to the Uniform Administrative Procedures Act at Tenn. Code Ann. §§ 4-5-301 – 325, which can be accessed at http://www.lexisnexis.com/hottopics/tncode/.