Involuntary Discharge and Transfer Appeals
What is an Involuntary Transfer or Discharge?
- Any transfer or discharge of a resident that is initiated by a Medicaid-certified nursing facility or skilled nursing facility.
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: firstname.lastname@example.org
- 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?