Nebraska

Grounds stated in the sources

Neb. Rev. Stat. § 71-6022(1): "A nursing home shall not transfer or discharge a resident except (a) upon his or her consent, (b) for medical reasons, (c) for the resident's safety or the safety of other residents or nursing home employees, (d) when rehabilitation is such that movement to a less restrictive setting is possible, or (e) for nonpayment for the resident's stay, except as prohibited by section 71-6023.01 or by Title XVIII or XIX of the Social Security Act as amended." The department's regulation states the same five as a resident right — the right to "Be free from arbitrary transfer or discharge." — and adds that nonpayment "must not include a change in resident economic status so that the resident receives Medicaid or becomes eligible for Medicaid if the resident has resided in the facility for a period of at least one year after July 17, 1986, unless 10% of the facility's residents are receiving Medicaid or are eligible for Medicaid."

Notice stated in the sources

Three periods, keyed to the ground. The statute requires "a minimum written notice of thirty days", except that where the move is to a less restrictive setting after rehabilitation "five days written notice shall be given to the resident or his or her representative", and where it is for nonpayment "a resident shall be given ten days' written notice if his or her charges are five days or more in arrears." No notice is required at all where "an emergency transfer or discharge is mandated by the resident's health care needs and is in accord with the written orders and medical justification of the attending physician" or where the move is mandated by the physical safety of other residents or employees as documented in the nursing home's records. The contents are short: § 71-6023 requires "The stated reason for the proposed transfer or discharge;", "The effective date of the proposed transfer or discharge; and" — "In not less than twelve-point type, the text of section 71-445 ." That section is the anti-retaliation provision, which the regulation reprints in full as the text the notice must carry.

Hearing office in these sources

Not stated in the sources reviewed. Nebraska's statutes state the grounds, three notice periods and the notice's three required contents, and state no appeal: no office, no address, no form, no deadline, and no right of appeal named anywhere in the captured sources. The text the notice must carry in twelve-point type is not an appeal right but a promise against retaliation — that a facility "shall not discriminate or retaliate against a person residing in, served by, or employed at such facility" who has complained or taken part in a proceeding, and that "Such person may maintain an action for any type of relief, including injunctive and declaratory relief, permitted by law." The department's regulation adds nothing on this point.

Ombudsman in these sources

The Long-Term Care Ombudsman, in the Department of Health and Human Services, which "works with nursing home and assisted living residents. They help answer resident concerns and complaints. The LTCO advocates for resident rights and their well-being." Its published contact: "Email: DHHS.LTCOmbudsman@nebraska.gov Call: (800) 942-7830". Neither statute requires the notice to carry the ombudsman's contacts.

Sources last checked

2026-08-30

Reproduced from the agencies' own pages and documents quoted below — potentially relevant official sources, not a determination that any notice, ground, or deadline applies to any situation.

Lede

This page assembles what Nebraska's own publishers state about involuntary transfer and discharge from a nursing home. It is a baseline page: the docket rows and the source map are built; the grounds section and the published-process section are not yet written, as the change log records. Four sources carry it — §§ 71-6022, 71-6023 and 71-445 of the Revised Statutes, and chapter 12 of the department's Title 175 regulations, which restates the statutes almost clause for clause. Nebraska's vocabulary is involuntary transfer or discharge, and the resident's stated right is to "Be free from arbitrary transfer or discharge."

Nebraska is unusual in two directions at once. Its notice period is not one number but three, chosen by the ground: thirty days ordinarily, five where the resident is moving to a less restrictive setting after rehabilitation, ten where the charges are five or more days in arrears. And the thing the law insists appear on the notice in twelve-point type is not the right to appeal — it is the anti-retaliation statute. No captured Nebraska source states where an appeal goes, by when, or on what form; the hearing row records that. The federal floor for Medicare/Medicaid-certified facilities is assembled separately on [the federal page](../federal.html); nothing here fills a gap from federal law or another state. Confirm applicability with the agencies named in the sources: whether any provision applies to a particular facility, resident, or notice is for the hearing office to determine. Deadlines and periods on this page are quoted from the sources, not calculated for any case.