Conway Healthcare: Illegal Discharge Despite Appeal - AR
Resident 81 received a 30-day discharge notice on July 23, 2025. The facility discharged them the next day.
The Administrator told inspectors on August 21 that Resident 81 was discharged for "improper behavior and for not following smoking policies." He revealed the resident "was issued a 30-day notice on 07/23/2025 and discharged to a different facility the next day on 07/24/2025."
When asked about the appeal, the Administrator said "he was aware that Resident 81 filed an appeal, and he chose to discharge the resident to another facility anyway."
Federal regulations require nursing homes to allow residents to remain in the facility while appeals are pending, unless the discharge is necessary to protect health and safety. The facility's own policy states: "The nursing facility will not transfer or discharge a resident while an appeal is pending, unless the failure to discharge would endanger the health or safety of the resident or other individuals in the nursing facility."
Resident 81 told inspectors they informed the Administrator about wanting to file an appeal "the day they were told they had to leave." The resident said "the Administrator informed them they had no choice."
The resident's family member confirmed during a telephone interview that "Resident 81 filed an appeal before they were discharged from the facility, and Resident 81 was still discharged." The family member stated "Resident 81 did not want to be discharged."
An Ombudsman who spoke with the resident described the family's opposition to the discharge. During a telephone interview on August 19, the Ombudsman stated "Resident 81's family member did not want the resident discharged to a different facility." The Ombudsman said she "informed Resident 81 and their family member, that Resident 81 did not have to leave if they wanted to appeal the discharge."
After the facility proceeded with the discharge despite the appeal, the Ombudsman "called and cancelled the appeal." She told inspectors "she could not get in contact with Resident 81's family member after she found out the facility had discharged the resident."
The reasons given for the discharge appear to shift under scrutiny. The Administrator cited smoking violations and improper behavior, but Resident 81 denied smoking in the facility. The resident told inspectors "they never smoked in the facility, never had cigarettes or a lighter in their room."
When pressed about physical abuse allegations, the Administrator "revealed Resident 81 never physically abused another resident, but there was a need for an immediate discharge because Resident 81 bumped their chair into another resident's wheelchair."
Staff members who worked directly with Resident 81 contradicted the discharge justifications. Certified Nurse Aide 5 told inspectors that Resident 81 "was never witnessed being physically abusive to another resident." CNA 9 said "she did not remember Resident 81 physically harming another resident."
CNA 6 was even more direct: "She revealed she had never witnessed Resident 81 physically abusing another resident or smoking in their room." When asked about the discharge, CNA 6 "stated she did not know why Resident 81 was discharged from the facility."
The facility's Medical Director also expressed ignorance about the discharge decision. During a phone interview, the Medical Director "stated he did not know why Resident 81 was discharged from the facility."
Resident 81 described being kept in the dark about drug testing that may have contributed to the discharge. The resident said "they only had a urine test for a urinary tract infection and was never asked or informed of a drug test being completed." The resident acknowledged "the only drug they had ever taken, before being admitted, was marijuana."
The resident had been at Conway Healthcare since December 2024. During the August 21 phone interview, Resident 81 "confirmed they were admitted to the facility December 2024 and did not know why they were discharged from the facility."
The rapid timeline of the discharge stands out. Giving a resident one day's notice after issuing a 30-day notice suggests either poor planning or deliberate circumvention of appeal rights. The Administrator's admission that he knew about the appeal but proceeded anyway indicates the facility was aware it was violating federal protections.
The disconnected responses from staff suggest the discharge decision came from administration without input from the people who actually cared for Resident 81. Three nursing assistants either couldn't remember problems with the resident or flatly contradicted the allegations used to justify removal.
The Ombudsman's cancelled appeal represents a lost opportunity for independent review of the discharge decision. Federal law provides appeal rights specifically to prevent nursing homes from removing residents arbitrarily or retaliating against those who complain.
Resident 81's family member opposed the transfer but lost contact with the Ombudsman after the facility completed the discharge. The family's wishes were ignored, the resident's appeal rights were trampled, and the facility's own policies were violated.
The case reveals how quickly a nursing home can uproot a resident's life when administrators decide someone should leave. Despite federal protections, facility policies, and active appeals, Resident 81 went from receiving a discharge notice to living in a different facility in 24 hours.
The Administrator's candid admission to inspectors that he knew about the appeal but discharged the resident anyway shows a facility willing to violate basic resident rights when convenient. For Resident 81, eight months of residency ended with a day's notice and no meaningful opportunity to challenge the decision.
Full Inspection Report
The details above represent a summary of key findings. View the complete inspection report for Conway Healthcare and Rehabilitation Center from 2025-08-21 including all violations, facility responses, and corrective action plans.
Additional Resources
Data source: Official federal inspection data from the Centers for Medicare & Medicaid Services (CMS).
Editorial process: AI-synthesized regulatory data, reviewed for accuracy by our editorial team.
Professional review: All content reviewed by Christopher F. Nesbitt, Sr., NH EMT & BU-trained Paralegal.
Last verified: June 19, 2026 · Our methodology
CONWAY HEALTHCARE AND REHABILITATION CENTER in CONWAY, AR was cited for violations during a health inspection on August 21, 2025.
Resident 81 received a 30-day discharge notice on July 23, 2025.
Health inspections identify deficiencies that facilities must correct. Violations range from minor documentation issues to serious safety concerns. Review the full report below for specific details and facility response.