Vermont

Grounds stated in the sources

Rule 3.14 b. of the Licensing and Operating Rules for Nursing Homes (revision date June 1, 2018): "The facility must permit each resident to remain in the room or in the facility, and not transfer or discharge the resident from the facility, unless:" — "the transfer or discharge is necessary for the resident’s welfare and the resident’s needs cannot be met in the facility;" "the transfer or discharge is appropriate because the resident’s health has improved sufficiently so the resident no longer needs the services provided by the facility;" "the health or safety of individuals in the facility is endangered;" "the resident has failed, after reasonable and appropriate notice, to pay for (or to have paid under Medicare or Medicaid) a stay at the facility." "the facility ceases to operate; or" "the transfer or discharge is ordered by a court." The statute states the list differently: under 33 V.S.A. § 7301(2)(D) each resident "Is transferred or discharged only for medical reasons, or for the resident’s welfare or that of other residents, or for nonpayment of the resident’s stay (except as prohibited by Title XVIII or XIX of the Social Security Act)" — three bases in the statute, six in the rule, both current.

Notice stated in the sources

Rule 3.14 d.1.: the facility must "notify the resident and, if known, a family member or legal representative of the resident, of the proposed transfer or discharge and reasons for the move. The notice shall be in writing and in a language and manner they understand, and shall be given at least 72 hours before a transfer within the facility and 30 days before the discharge from the facility." The notice "shall be on a form provided by the licensing agency or one that is substantially similar" and must include "the reason for transfer or discharge;" "the effective date of transfer or discharge;" "the location to which the resident is being transferred or discharged;" "a statement in large print or large point type that the resident has the right to appeal the facility’s decision to transfer or discharge to the State" "the name, address and telephone number of the State Long Term Care Ombudsman;" and "a statement that the resident may remain in place pending the appeal;" (rule 3.14 e.). Rule 3.14 l. states the circumstances in which "An emergency discharge or transfer may be made with less than thirty (30) days’ notice". The statute's own notice sentence, § 7301(2)(D): "Residents shall be notified in writing of the proposed transfer or discharge and reasons for it at least 72 hours before a transfer within the facility and 30 days before a discharge from the facility."

Hearing office in these sources

Two stages, both published by the rule. First, rule 3.14 i.: "To appeal the decision to transfer or discharge, the resident must notify the administrator of the facility or the director of the licensing agency." "The request to appeal the decision may be oral or written and must be made within 10 business days of the receipt of the notice by the resident." "The director of the licensing agency will render a decision within eight business days of receipt of the notice of appeal." The Division's own sample notice names that recipient: "State Survey Agency Director, Suzanne Leavitt" "Division of Licensing & Protection" "HC 2 South 280 State Drive" "Waterbury, VT 05671-2060" "Telephone: (802) 241-0480" "Email: surveyandcertification@vermont.gov" and states "The State does not use a formal appeal form or require a formal appeal hearing request." Second, rule 3.14 i.6.: "The resident or the facility will have 10 business days to file a request for an appeal with the Human Services Board by writing to the Board. The Human Services Board will conduct a de novo evidentiary hearing in accordance with 3 V.S.A. §3091." The Board's own page: "Human Services Board" "6 Baldwin Street, Suite 305" "Montpelier, VT 05633-4302" "Email: contact.hsb@vermont.gov." "Telephone:" "(802) 828-2536". The Division's page prints its general number as "(802) 241-0344"; the sample notice prints "(802) 241-0480" for the appeal. Both are shown as published.

Ombudsman in these sources

The program's own page, published by Vermont Legal Aid: "Call us at 1-800-889-2047 ext. 3 or fill out our online form. We will do our best to get back to you within three business days." The department's page states the arrangement — "DAIL contracts with Vermont Legal Aid to operate the Office of the State Long Term Care Ombudsman Program (SLTCOP)." — and prints "CALL: 800-889-2047". The rule requires the facility's notice to carry "the name, address and telephone number of the State Long Term Care Ombudsman;" (rule 3.14 e.5.), and the statute requires it to "include the address and phone number of the area ombudsman" (§ 7301(2)(D)).

Sources last checked

Sep 4, 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 Vermont'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. The fullest single source is the Licensing and Operating Rules for Nursing Homes, published by the Department of Disabilities, Aging and Independent Living with a revision date of June 1, 2018, whose section 3.14 states the grounds, the notice and its required contents, the emergency exceptions, and a two-stage appeal, and whose section 3.12 states a bed-hold and right of return. Vermont's own vocabulary is transfer or discharge, with transfer also used for a move within the facility; the statute, 33 V.S.A. § 7301, calls its list the Nursing Home Residents’ Bill of Rights.

Three publishers hold the pieces. The Department of Disabilities, Aging and Independent Living writes the rule and, through its Division of Licensing and Protection, receives and decides the first-stage appeal and publishes the sample notice. The Human Services Board, a panel within the Agency of Human Services, hears the second stage. The State Long-Term Care Ombudsman is operated under contract by Vermont Legal Aid, which publishes the program's contact on its own site. 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.