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.
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 assumption | What the law actually does |
|---|---|
| The assumptionA nursing home can discharge a patient the same day | What the law actually doesAt least five days' written notice of an involuntary transfer or discharge |
| The assumptionMail goes through the front office | What 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)
- Va. Code 32.1-138 — Nursing home patients' rights; posting of policies; staff training
- 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.