North Dakota

Grounds stated in the sources

NDAC 75-01-03-08.1(7): "A facility may not discharge or transfer a resident unless:" — "The resident has an urgent medical need, which cannot be met in the facility;"; "The resident's physical condition endangers or poses a threat to the health or safety of the resident or other persons in the facility;"; "In cases involving a mental condition or behavioral problem, the behavior of the resident creates a serious and immediate threat to the resident or other residents or persons in the facility and all reasonable alternatives to transfer or discharge, consistent with the attending physician's orders, have been attempted and documented in the resident's medical record;"; "The resident's health has improved sufficiently so the resident no longer needs the services provided by the facility;"; "The resident was accepted by the facility for the purpose of receiving specialized services and has fully benefited from those services or can no longer benefit from those services, provided that the purpose of the admission and the expected length of stay were agreed to, in writing, by or on behalf of the resident, prior to admission;"; "The resident's health or safety is at risk because the facility cannot reasonably accommodate the needs of the resident;"; "A public official with jurisdiction over matters of health or safety, in the performance of official duties, determines the health or safety of the resident is endangered by continued residence in the facility;"; "The facility's license is revoked, suspended, or not renewed, or the facility's participation in Medicare or Medicaid is terminated;"; "The facility intends to cease operations; or"; "The resident fails to pay, or to arrange for payment of, charges based on the daily rate established under chapter 75-02-06, provided that no involuntary transfer or discharge may be based on a failure to pay charges for private rooms, holding a bed for a period in excess of the covered bed hold period set forth in section 75-02-06-14, special services not included in the daily rate, or Medicare part B coinsurance and deductible."

Notice stated in the sources

NDAC 75-01-03-08.1(2): "Except as provided in subsection 4, a facility shall issue a written notice of involuntary transfer or discharge, which meets the requirements of subsection 3, at least thirty days before the date of intended transfer or discharge. The first day of that thirty-day period is the day after the date of issuance. The date of issuance is the day notice is delivered or mailed to the resident." Subsection 4(b) states a faster-notice standard — "as soon as practicable before an involuntary transfer or discharge" — for five stated circumstances, including "The safety of individuals in the facility would be endangered", "The health of individuals in the facility would be endangered", and "The resident has not resided in the facility for thirty days." The notice's required contents (subsection 3) include "The reason for the transfer or discharge;", "The effective date of the transfer or discharge;", "A statement that the resident has the right to appeal the intended transfer or discharge to the department, and the mailing address to which an appeal must be sent;", "The name, address, and telephone number of the state long-term care ombudsman;", and, where Medicaid pays for some or all of the resident's care, "a statement that those Medicaid payments will continue until after the hearing" subject to two stated exceptions. The full contents list is captured in the packet for section 02, not yet written on this baseline page.

Hearing office in these sources

NDAC 75-01-03-03(2): "An opportunity for a fair hearing is available to any resident who believes a facility has erroneously determined that the resident must be transferred or discharged." The rule's own address for that office, NDAC 75-01-03-26: "Appeals Supervisor" "North Dakota Department of Human Services" "State Capitol - Judicial Wing" "600 East Boulevard Avenue - Department 325" "Bismarck, North Dakota 58505-0250". On the deadline, NDAC 75-01-03-08.1(5): "A resident has no appeal rights if the transfer or discharge has taken place and the resident did not appeal within thirty days after the date of issuance of a notice that meets the requirements of subsection 3." On pendency, subsection 6: "If a resident with appeal rights files an appeal before the effective date of the transfer or discharge, the resident shall not be transferred or discharged:" "In the case of a discharge for nonpayment of facility charges, earlier than the date a hearing officer recommends a decision that the charges were due and unpaid at the time the facility issued a notice of discharge; and" "In all other cases, until the fair hearing decision is rendered." The department's current Client Rights and Appeals page confirms the connection and gives a different name and address for the same office: "The Appeals Supervisor also processes other kinds of appeals including foster care and daycare licensing, child abuse and neglect assessments, nursing home transfers and discharges, and rate setting." — "Appeals Supervisor, Legal Division" "Department of Health and Human Services" "600 E Boulevard Ave. Dept. 325" "Bismarck, N.D. 58505-0250" "Phone: (701) 328-2311" "Toll Free: (800) 472-2622" — both shown as published, not reconciled.

Ombudsman in these sources

The North Dakota Long-Term Care Ombudsman Program's own page states of itself: "North Dakota's Long-Term Care Ombudsman Program speaks on behalf of people living in assisted living homes, basic care homes, hospital swing beds, transitional cal units or nursing homes." Its own published contact carries no street address, only "Calling toll-free (855) 462-5465, select option 3, or (701) 328-4617." and "Sending an encrypted email to dhsagingombud@nd.gov". The department's own Care Choice provider directory instead lists a street address for the same program: "1237 W Divide Ave Ste 6" "Bismarck, 58501", alongside the same phone numbers and a fax number the program's own page does not print, "(701) 328-0389" — both shown as published, not reconciled.

Sources last checked

Sep 2, 2026

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 North Dakota's own publishers state about involuntary transfer and discharge from a nursing facility. 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. The fullest single source is NDAC 75-01-03-08.1, Notice of facility's intention to transfer or discharge a resident, part of the Department of Human Services' own Appeals and Hearings chapter — last amended May 1, 2006 — which states the permissible grounds, the thirty-day notice and its exceptions, the notice's required contents, and the resident's right to a fair hearing before the same department, all in one section, under North Dakota's own vocabulary of transfer and discharge. Bed-hold sits with a second chapter of the same title, NDAC 75-02-06 (Ratesetting for Nursing Home Care), and with the department's own current Medicaid Billing and Policy Manual for nursing facilities; the Long-Term Care Ombudsman Program's contact sits on the department's adult-and-aging program pages. Three documents, one department, before this state's own rule is even fully read. The federal floor for Medicare/Medicaid-certified facilities is assembled separately on the federal page; 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.