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Involuntary Discharge and Transfer Appeals

What is an Involuntary Transfer or Discharge?

Can I Appeal an Involuntary Transfer or Discharge?

  • Yes. Pursuant to 42 CFR § 431.220(a)(2), any resident in a certified nursing facility or skilled 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.

How Do I Appeal?

  • You can appeal by phone, fax, email or mail.
    • Toll Free Phone: 866-797-9469
    • 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

What Happens Next?

  • 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/.

Where Can I Get More Information?