§ 23-17.5-25 - Notice on bed-hold policy and readmission.
SECTION 23-17.5-25
§ 23-17.5-25 Notice on bed-hold policy andreadmission. – (a) Notice before transfer. Before a resident of a nursing facility istransferred for hospitalization or therapeutic leave, a nursing facility mustprovide written information to the resident and a family member or legalrepresentative concerning:
(1) The provisions of the medical assistance program stateplan regarding the period (if any) during which the resident will be permittedunder the state plan to return and resume residence in the facility; and
(2) The policies of the facility regarding the period, whichpolicies must be consistent with subsection (c).
(b) Notice upon transfer. At the time of the transferof a resident to a hospital or for therapeutic leave, a nursing facility mustprovide written notice to the resident and a family member or legalrepresentative of the duration of any period described in subsection (c).
(c) Permitting resident to return. A nursing facilitymust establish and follow a written policy under which a resident:
(1) Who is transferred from the facility for hospitalizationor therapeutic leave; and
(2) Whose hospitalization or therapeutic leave exceeds aperiod paid for under the state plan for the holding of a bed in the facilityfor the resident, will be permitted to be readmitted to the facilityimmediately upon the first availability of a bed of appropriate level of carein a semi-private room in the facility if at the time of readmission, theresident requires the services provided by the facility.
(d) Any nursing facility that accepts private payment forpurposes of reserving a bed in the facility for a resident who is transferredfrom the facility for hospitalization or other institutional therapeutic leave,and that resident's medical and health care is being paid for by the statemedical assistance program, shall not charge an amount per day for reserving abed in the facility that exceeds the facility's current Medicaid daily rate;for a minimum of the first five (5) days of said hospitalization or theinstitutional therapeutic leave.
(e) The departments of human services and health shallreceive, on a monthly basis, the names from each nursing home of those personsawaiting readmission under these provisions.
(f) The department of health shall promulgate regulationsgoverning these provisions.