Current through Register Vol. 51, No. 19, September 20, 2024
A. Notification of Resident Relocation Within
a Facility.
(1) Except in emergency situations
or when it is documented in the resident's record that a resident's physical,
clinical, or psychological well-being would be jeopardized, a nursing facility
shall notify a resident or, when applicable, the resident's representative or
interested family member, if available, in writing at least 30 days before the
resident is relocated within a facility or to a different part of a facility,
unless the resident or, if the resident is incapacitated, the resident's
legally authorized representative, agrees to the relocation and this is
documented in the resident's record.
(2) Under the limited conditions set forth in
§A(1) of this regulation where 30-days notice cannot be provided in
advance of a relocation, the facility shall document that it has provided
notice of the relocation as soon as practicable.
(3) When a resident is relocated, the
facility shall elicit and make reasonable efforts to comply with the resident's
request of location and, if applicable, assignment of roommate.
B. A resident's right to refuse a
change in room assignment under §A of this regulation does not affect the
resident's eligibility or entitlement to Medicaid benefits.
C. Notice.
(1) Notice of Bed-Hold Policy at the Time of
Admission. At the time of admission, a nursing facility shall provide written
information to a resident or, when applicable, the resident's representative or
interested family member, describing the facility's bed-hold policy, including
the period of time during which the resident is permitted to return and resume
residence in the nursing facility.
(2) Notice of Bed-Hold Policy at Time of
Transfer. At the time of transfer of a resident to a hospital or for
therapeutic leave, a nursing facility shall provide a written notice to the
resident, or when applicable, the resident's representative or interested
family member, which specifies the duration of the bed-hold policy described in
§C of this regulation.
D. Permitting a Resident to Return to the
Nursing Facility. When a resident's hospitalization or therapeutic leave
exceeds the bed-hold period under the State Medicaid plan, the resident has a
right to be readmitted to the nursing facility immediately upon the first
availability of a bed in a semiprivate room if the resident:
(1) Requires the services provided by the
nursing facility; and
(2) Is
eligible for Medicaid coverage for the nursing facility's services.
E. Unless the bed hold has
expired, for purposes of this regulation, transfer includes the refusal of a
nursing facility to accept the return of a resident who was previously
transferred from the nursing facility:
(1)
Whose bed at the nursing facility was continuously reserved or required to be
reserved through payment to the nursing facility from any source; or
(2) Who had an application for medical
assistance pending at the time of the transfer if there is no reason to believe
that the application will not be approved.
F. Transfer and Discharge Planning. In
addition to the requirements of Regulation .11 of this chapter, a nursing
facility shall provide, in all cases, orientation and planning to residents to
ensure safe and orderly transfer of discharge from the nursing
facility.
