An MDS delete kit lets you remove or correct information from your Minimum Data Set record in a nursing home or long-term care facility.
The Minimum Data Set (MDS) is a standardized form that nursing homes complete for every resident. It documents your health status, medications, care needs, and daily functioning. This information goes into a national database and affects your care plan, insurance billing, and the facility's quality ratings.
An MDS delete kit is a formal process—not a product you buy—that lets you request removal or correction of information you believe is wrong or incomplete. You do not need permission from the nursing home to start this process, though the facility must cooperate once you submit the request. The kit itself is a set of instructions and forms provided by your state's long-term care ombudsman office or the Centers for Medicare & Medicaid Services (CMS).
Key Takeaways
- An MDS delete kit is a formal request process to remove or correct information in your nursing home record, not a physical product.
- You can request deletion or correction if you believe the MDS contains inaccurate health information, medication details, or functional assessments.
- Your state's long-term care ombudsman office or CMS can provide the forms and walk you through the steps at no cost.
- The nursing home must respond to your request within a set timeframe, and you have the right to appeal if they refuse.
Why MDS information matters to your care
The MDS drives decisions about your daily care. If the form says you cannot walk, staff will not encourage you to walk. If it lists a medication you do not take, that drug may appear on your bill or in your care plan. If it documents a behavior or symptom you do not have, your care team may treat you based on false information.
The MDS also determines how much the nursing home is paid by Medicare and Medicaid. Inaccurate information can lead to wrong billing, which affects both your insurance and the facility's finances. Beyond your own care, the MDS feeds into public quality ratings for the nursing home—ratings that other families use to choose facilities.
Because the stakes are high and the form is complex, errors happen. A staff member may misunderstand something you said, check a box by mistake, or fail to update the form when your condition changes. The delete kit process exists so you can correct the record.
What kinds of information can be deleted or corrected
You can request deletion or correction of any MDS field you believe is inaccurate. Common examples include wrong medication lists, incorrect diagnoses, inaccurate descriptions of your physical abilities, or behavioral information that does not match your actual conduct.
You cannot use the delete kit to remove information straightforward because you dislike it or because it reflects a real problem. For example, if you have a documented fall, you cannot delete that fact. But if the MDS says you fell three times when you fell once, or if it attributes a fall to a cause you know is wrong, you can request correction.
The key test is accuracy. If the information is true but unflattering, it stays. If the information is false or misleading, you have grounds to request its removal or correction.
How to start the delete kit process
Contact your state's long-term care ombudsman office. The ombudsman is a free advocate for nursing home residents, and they handle MDS disputes regularly. You can find your state ombudsman by calling the Eldercare Locator at 1-800-677-1116 or visiting the National Long-Term Care Ombudsman Resource Center website.
Tell the ombudsman which MDS information you want to challenge and why you believe it is inaccurate. They will explain the delete kit process, help you gather supporting evidence (such as your own medical records or witness statements), and guide you through filing the formal request.
You can also contact CMS directly or ask the nursing home's administrator for the MDS delete kit forms, though working with the ombudsman is usually simpler because they know the process and can advocate on your behalf.
What documents you will need to gather
The strength of your request depends on the evidence you provide. Collect anything that contradicts the MDS information: your own medical records, medication bottles, doctor's notes, or statements from family members or staff who can confirm the inaccuracy.
If the MDS says you take a medication you do not take, bring the medication list from your doctor. If it says you cannot perform a task you can perform, ask a family member or staff member to write a brief statement describing what you can do. If it documents a behavior or symptom, gather records from your doctor or therapist that contradict it.
You do not need perfect documentation. A clear, honest explanation of why the information is wrong, backed by whatever evidence you have, is enough to file the request. The ombudsman can help you organize what you have.
The timeline and what happens after you file
Once you submit the delete kit request, the nursing home has a set timeframe to respond—this varies by state, but is typically 10 to 30 days. The facility must investigate your claim and either correct the MDS, explain why they believe the information is accurate, or both.
If the nursing home agrees the information is wrong, they will file a corrected MDS with CMS. If they disagree, they will send you a written explanation. You then have the right to appeal their decision, usually to your state's Department of Health or the ombudsman office.
The process can take several weeks to several months, depending on how complex the dispute is and whether you need to appeal. During this time, the original (inaccurate) MDS remains in the system, so ask the ombudsman whether you should also notify your insurance company or doctor of the dispute.
What to do if the nursing home resists
Some facilities delay responding or claim they cannot locate the forms. This is not acceptable. The nursing home is required by federal law to cooperate with MDS delete kit requests. If the facility refuses or ignores your request, the ombudsman can file a complaint with your state's Department of Health or CMS on your behalf.
You also have the right to file a complaint directly with CMS through their complaint system. The ombudsman can help you do this. Complaints about nursing home non-cooperation are taken seriously and can result in fines or other enforcement action against the facility.
Do not let a nursing home's resistance stop you. The delete kit process exists precisely because residents have the legal right to challenge inaccurate information, and the ombudsman's job is to back you up when a facility does not cooperate.
Frequently Asked Questions
Does filing a delete kit request hurt my relationship with the nursing home?
It should not. Nursing homes are required to cooperate with these requests, and retaliation against a resident for filing one is illegal. If you feel the facility is treating you differently after you file, report it to the ombudsman or to CMS. That said, working with the ombudsman rather than confronting staff directly often keeps the process smoother.
Can I request deletion of an entire MDS assessment?
No. You can request correction or deletion of specific fields within the MDS, but the assessment itself must remain on file. The goal is accuracy, not erasure. If multiple fields are wrong, you can challenge all of them in one request.
What if my doctor disagrees with the nursing home about what my MDS should say?
Bring your doctor's records and statement into the delete kit process. If your doctor's documentation contradicts the MDS, that is strong evidence for your request. You can also ask your doctor to contact the nursing home directly to clarify your condition or abilities.
How much does the delete kit process cost?
Nothing. The ombudsman's services are free, and there are no filing fees for the delete kit request itself. If you need to hire a lawyer to appeal a decision, that would be your own cost, but most disputes are resolved without legal help.
Can I request an MDS correction while I am still in the nursing home, or only after I leave?
You can request it anytime—while you are a resident, after you leave, or even after you move to another facility. The MDS record follows you and affects your care wherever you go, so correcting it is worth doing whenever you discover the error.