Can I take my husband out of a nursing home legally?

Yes, you can bring him home. He is not in jail. This was a topic a few weeks ago. Don't let them tell you that Medicare and your supplimental won't pay if you take him out against AMA. This is false. Insurance will pay up until he leaves. I would check with his PCP and see if therapy can be set up at home. If they give you trouble, call your state Ombudsman.

Just because rehab is recommended doesn't mean you have to except it.

I don't see why not. I believe it's AMA - against medical advice. Maybe you'll have to sign some extra papers. Get your arrangements made at home, tell them you're taking him home and do it. Oh wait, is he wanting to come home??

When my MIL was in NH after a hospitalization, they tried to keep her for as long as medicare would pay, though she was totally ready to get back home. So, they are motivated by $$$, as any business is.

I don't know the answer but I am so sorry that your husband is not being treated well. Others will chime in and help. God bless you and your husband.