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Living In A Nursing Home

Va. Code 32.1-138 — patients' rights, and five days' notice of an involuntary discharge

In Virginia, every licensed nursing home sets policies so that each patient has the rights the section lists, posted in at least 12-point type.

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Leaving only for listed reasons. A patient is transferred or discharged only for medical reasons, for their own or other patients' welfare, or for nonpayment, with reasonable advance notice to ensure an orderly move.

Five days for an involuntary move. For an involuntary transfer or discharge, reasonable advance written notice is given to the patient at least five days before it.

Private communication and grievances. A patient may associate and communicate privately with persons of their choice and send and receive personal mail unopened, unless medically contraindicated as documented by the physician. A patient may voice grievances and recommend changes to staff and outside representatives of their choice, free from restraint, interference, coercion, discrimination or reprisal.

The assumptionWhat the law actually does
The assumptionA nursing home can discharge a patient the same dayWhat the law actually doesAt least five days' written notice of an involuntary transfer or discharge
The assumptionMail goes through the front officeWhat the law actually doesPersonal mail is sent and received unopened

Facilities taking Medicare or Medicaid funding are subject to a further set of federal resident rights alongside these, which are not on this page. Whether conduct breaches the section is a question for a licensed Virginia attorney.

Sources for this section (2)
  1. Va. Code 32.1-138 — Nursing home patients' rights; posting of policies; staff training
  2. Va. Code 32.1-138.1 — Implementation of transfer and discharge policies

Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Virginia attorney.

On the clock

One period on this page runs out. Each is stated above with its authority; this is the same thing with the date attached.

  • At least 5 daysNotice before an involuntary nursing home discharge · from written notice of the involuntary transfer or discharge

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