1. (a) Under the Omnibus Budget Reconciliation Act of 1987, if a nursing facility resident is transferred to a hospital, the resident shall be permitted to return to the nursing facility immediately upon the first availability of a bed in a semiprivate room in the facility if, at the time of readmission, the resident requires the services provided by the facility.
2. (b) If a nursing facility resident indicates in writing a desire to pay the nursing facility to keep the resident’s bed vacant in anticipation of the resident’s return to the facility after the 15-day bed hold, the nursing facility may charge the resident to hold the bed the resident occupied prior to transferring to the hospital.
3. (c) The nursing facility may not charge the resident more than the MA rate paid for the resident’s care prior to the resident’s transfer to the hospital.
4. (d) The nursing facility may not charge the resident to hold a bed other than the bed the resident occupied prior to the resident’s transfer to the hospital.
5. (e) Nursing facilities enrolled in the MA Program shall adhere to this chapter.

Source

The provisions of this § 1181.56b adopted May 1, 1992, effective upon publication and applies retroactively to May 1, 1992, 22 Pa.B. 2357.

Cross References

This section cited in 55 Pa. Code § 1181.52 (relating to payment conditions).