Can You Change Nursing Homes on Medicaid? A Complete Guide for Tennessee Families

When you place a loved one in a nursing home, you expect them to receive quality care in a safe, supportive environment. But what happens when that facility fails to meet your expectations—or worse, when you suspect neglect or abuse? If your loved one is on Medicaid, you might worry that your options are limited.

The good news: Yes, you can change nursing homes even if your loved one is on Medicaid. However, the process requires careful planning and understanding of both resident rights and Medicaid regulations.

Your Loved One’s Rights Under Medicare and Medicaid

Before discussing the logistics of moving, it’s important to understand that nursing home residents have federally protected rights, regardless of their payment source. According to federal regulations, nursing home residents have the right to:

• Be treated with dignity and respect
• Be free from abuse, neglect, and discrimination
• Make their own choices about care and daily activities
• Receive proper medical care
• Voice concerns without fear of retaliation
• Not be transferred or discharged unfairly

Tennessee law further reinforces these protections through the Tennessee Adult Protection Act (Tenn. Code Ann. § 71-6-101), which establishes safeguards against elder abuse and neglect.

Valid Reasons to Consider Changing Nursing Homes

While you can change facilities for any reason, common legitimate concerns include:

• Signs of neglect or abuse: Unexplained bruises, bedsores, sudden weight loss, poor hygiene, or changes in behavior
• Inadequate staffing: Staff seems overwhelmed, calls for assistance go unanswered, or basic needs are overlooked
• Quality of care concerns: Medication errors, frequent infections, or failure to follow care plans
• Facility conditions: Unsanitary conditions, safety hazards, or unpleasant living environment
• Location issues: Moving a loved one closer to family members who can visit more frequently

The Process of Changing Nursing Homes on Medicaid

1. Find a New Nursing Home That Accepts Medicaid

Not all nursing homes accept Medicaid patients, and those that do often have limited “Medicaid beds” available. Start by:

• Researching facilities in your desired area
• Confirming they accept Medicaid and have available beds
• Scheduling tours to evaluate the quality of care and environment
• Checking inspection reports and ratings through Medicare’s Nursing Home Compare

2. Have Your Loved One Assessed by the New Facility

Before acceptance, the new nursing home will typically:

• Review medical records and care requirements
• Possibly conduct an in-person assessment
• Determine if they can provide the appropriate level of care

3. Coordinate the Transfer with Medicaid

Once you’ve found a suitable new facility:

• Notify your loved one’s Medicaid caseworker about the planned move
• Complete any required Medicaid transfer paperwork
• Ensure Medicaid billing is properly transferred to the new facility

Important Note: Medicaid benefits do not automatically transfer between states. If moving to a different state, your loved one will need to reapply for Medicaid in the new state, which can take 30-90 days for approval. During this time, you may need to arrange for payment until the new Medicaid coverage begins.

4. Plan the Physical Move

Coordinate with both facilities regarding:

• The exact date and time of transfer
• Transportation arrangements (ambulance or specialized transport may be needed)
• Transfer of medical records, medications, and personal belongings

5. Provide Proper Notice to the Current Facility

Most nursing homes require written notice before a resident leaves. Check your admission agreement for specific requirements, but typically:

• Provide at least 30 days’ notice when possible
• Document your concerns if leaving due to quality issues
• Request copies of all medical records

When the Current Nursing Home Resists the Move

Unfortunately, some facilities may resist when residents wish to transfer, especially if they’re concerned about losing revenue. Remember:

1. Nursing homes cannot prevent a resident from leaving, even if on Medicaid
2. They cannot hold personal belongings as leverage for unpaid bills
3. They cannot discharge or transfer a resident against their will except in limited circumstances outlined in federal regulations

If you encounter resistance:

• Document all communications
• Contact Tennessee’s Long-Term Care Ombudsman at 1-877-236-0013
• Consider consulting with an experienced nursing home abuse attorney

Warning Signs That Require Immediate Action

While some facility changes are preference-based, certain situations demand urgent attention:

• Physical abuse: Unexplained injuries, bruises, or burns
• Severe neglect: Significant weight loss, dehydration, or untreated medical conditions
• Unsafe conditions: Fire hazards, unsecured medication, or lack of supervision
• Emotional abuse: Staff yelling at residents, threatening them, or isolating them from others

In these cases, you should:

1. Document everything with photos, notes, and witness statements
2. Report concerns to the facility administrator in writing
3. File a complaint with Tennessee’s Adult Protective Services at 1-888-277-8366
4. Contact an attorney experienced in nursing home abuse cases

How The Higgins Firm Can Help

At The Higgins Firm, we understand the emotional and legal challenges families face when a loved one experiences neglect or abuse in a nursing home. Our experienced nursing home abuse attorneys can:

• Evaluate your loved one’s situation and advise on appropriate legal actions
• Help you navigate the Medicaid transfer process
• Advocate for your loved one’s rights if a facility improperly resists transfer
• Pursue compensation if your loved one has suffered harm due to neglect or abuse

Our team serves families throughout Tennessee, with offices in Nashville, Chattanooga, Memphis, and Knoxville. We have extensive experience handling nursing home neglect cases and can provide the guidance you need during this difficult time.

Take Action to Protect Your Loved One

If you’re concerned about the care your loved one is receiving, don’t wait to take action. You have the right to move them to a better facility, and Medicaid status should not prevent that move.

For a free, confidential consultation about your situation, contact The Higgins Firm today or complete our online form. We’re here to help protect your loved one and ensure they receive the quality care they deserve.

Disclaimer: This information is provided for general educational purposes only and should not be construed as legal advice. Every situation is unique, and you should consult with an attorney for advice regarding your specific circumstances.