(1) Any person transferred from a facility voluntarily or involuntarily shall have the right of readmission to the facility from which the person was transferred, provided that:
- (a) A request for readmission is made within 180 days of the date of transfer;
- (b) The person is eligible by means of payment and requires nursing facility care; and
- (c) No determination was made at informal conference or hearing that the person does not have the right of readmission.
(2) Section (1) of this rule does not require a facility to accept a person in a bed located in a room which is occupied by a resident of the opposite sex at the time of the request.
EXCEPTION: A facility is required to accept a person to a room occupied by a resident of the opposite sex if the respective resident previously shared a room in the facility and if neither resident objects to the admission.
- (3) Section (1) of this rule does not require a facility to accept a person who voluntarily transferred from the facility directly to another nursing facility.
- (4) If a person or his or her legal representative request readmission, and the facility denies readmission, then the facility shall give written notice (SDS 0510).
- (5) A former resident who receives Medicaid does not have the right to be readmitted to a facility which is not Medicaid certified unless reimbursement is available pursuant to OAR 411-070-0010.
- (6) If more than one person has a right of readmission, priority in allocation of vacancies shall be determined by the earliest date of application for readmission.
- (7) A person whose stay in the facility totals 30 or fewer days and was transferred pursuant to OAR 411-088-0070(1)(d) (post-hospital extended care services or specialized services) may not have a right of readmission.
Statutory/Other Authority
ORS 441.055 & 441.605
Statutes/Other Implemented
ORS 441.055, 441.600 & 441.615
History
APD 17-2015, f. 7-31-15, cert. ef. 8-10-15
APD 5-2015(Temp), f. 2-27-15, cert. ef. 3-2-15 thru 8-28-15
SSD 2-1995, f. & cert. ef. 2-15-95
SSD 8-1993, f. & cert. ef. 10-1-93
SSD 19-1990, f. 8-29-90, cert. ef. 10-1-90