Your fundamental right
Under the Colorado Nursing Home Reform Act (aligned with federal OBRA '87) and Colorado 6 CCR 1011-1, every resident of a licensed care facility has the right to choose their placement and transfer voluntarily. Facilities cannot prevent or unreasonably delay a voluntary transfer.
Voluntary vs. Involuntary Transfers
There are two types of care facility transfers. Understanding which applies to your situation determines what rights and timelines govern the process.
Voluntary transfer — the resident or their authorized representative chooses to move to a different facility. This is what CareSwaps coordinates. The resident has broad rights and facilities have limited ability to obstruct the process.
Involuntary transfer or discharge — the facility initiates the move. In this case, strict notice requirements and appeal rights apply under 42 CFR 483.15.
Your Rights During a Voluntary Transfer
✓ Right to 30-Day Notice (outgoing)
Most Colorado care facilities require 30 days' written notice before a voluntary departure. CareSwaps prepares and delivers this notice for you, ensuring it meets facility requirements and preserves your legal standing.
✓ Right to Your Medical Records
Under HIPAA and Colorado law, you have the right to a complete copy of your loved one's medical records within 30 days of request (often sooner). These must be provided in a usable format and cannot be withheld to delay a transfer.
✓ Right to a Discharge Summary
The transferring facility must provide a clinical summary including current diagnoses, medications, care plan, and any pending orders. This is required for safe continuity of care at the receiving facility.
✓ Right to Be Free from Retaliation
Facilities cannot penalize a resident or family member for choosing to transfer. This includes reducing care quality, restricting access, or pressuring family members to reverse the decision.
✓ Right to Choose Your Transport
You are not required to use the facility's preferred transport provider. You may book your own NEMT (which CareSwaps does for you) and the facility must cooperate with the departure logistics.
What Facilities Are Required to Provide
- Complete medical records within 30 days of written request
- A clinical discharge summary before transfer
- Current medication administration records (MAR)
- Any pending physician orders or referrals
- Advance directive documentation (DNR, living will)
- Personal belongings inventory
Common delay tactic to watch for: Some facilities slow-walk records requests or claim paperwork is "not ready." Under HIPAA, they have 30 days maximum to comply with a records request. If a facility is obstructing your transfer, contact the Colorado Department of Public Health and Environment (CDPHE) or call CareSwaps — we know how to escalate.
The Role of Power of Attorney
If your loved one cannot make decisions independently, you must have a valid Medical Durable Power of Attorney (MDPOA) or legal guardianship to act on their behalf. Facilities will verify this before accepting transfer coordination from a third party.
See our MDPOA Guide → for everything you need to know about establishing and using a Medical Durable Power of Attorney in Colorado.
Relevant Colorado Law
- Colorado 6 CCR 1011-1 — Residential Care and Assisted Living Facilities
- Colorado Nursing Home Reform Act (aligned with federal OBRA '87)
- 42 CFR Part 483 — Requirements for Long-Term Care Facilities
- HIPAA Privacy Rule — 45 CFR Parts 160 and 164
This resource is for informational purposes only and does not constitute legal advice. For your specific situation, consult a Colorado elder law attorney or contact CareSwaps for coordination assistance.
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