Chapter
228
2004 -- S 2542 SUBSTITUTE A
Enacted 07/01/04
A N A C T
RELATING TO HEALTH AND SAFETY
Introduced By: Senators
Gallo, Goodwin, Roberts, Connors, and Gibbs
Date
Introduced: February 11, 2004
It is enacted by the General Assembly
as follows:
SECTION
1. Section 23-17.5-25 of the General Laws in Chapter 23-17.5 entitled
"Rights
of Nursing Home Patients" is
hereby amended to read as follows:
23-17.5-25.
Notice on bed-hold policy and readmission. -- (a) Notice before
transfer. -
Before a resident of a nursing
facility is transferred for hospitalization or therapeutic leave, a
nursing facility must provide
written information to the resident and a family member or legal
representative concerning:
(1)
The provisions of the medical assistance program state plan regarding the
period (if
any) during which the resident will
be permitted under the state plan to return and resume
residence in the facility; and
(2)
The policies of the facility regarding the period, which policies must be
consistent
with subsection (c).
(b)
Notice upon transfer. - At the time of the transfer of a resident to a hospital
or for
therapeutic leave, a nursing
facility must provide written notice to the resident and a family
member or legal representative of
the duration of any period described in subsection (c).
(c)
Permitting resident to return. - A nursing facility must establish and follow a
written
policy under which a resident:
(1) Who
is transferred from the facility for hospitalization or therapeutic leave; and
(2)
Whose hospitalization or therapeutic leave exceeds a period paid for under the
state
plan for the holding of a bed in
the facility for the resident, will be permitted to be readmitted to
the facility immediately upon the
first availability of a bed of appropriate level of care in a semi-
private room in the facility if at
the time of readmission, the resident requires the services
provided by the facility.
(d)
Any nursing facility that accepts private payment for purposes of reserving a
bed in
the facility for a resident who
is transferred from the facility for hospitalization or other
institutional therapeutic leave,
and that resident’s medical and health care is being paid for by the
state medical assistance
program, shall not charge an amount per day for reserving a bed 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
the institutional therapeutic leave.
(d)(e)
The departments of human services and health shall receive, on a monthly basis,
the names from each nursing home of
those persons awaiting readmission under these provisions.
(e)(f)
The department of health shall promulgate regulations governing these
provisions.
SECTION
2. This act shall take effect upon passage.
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LC01909/SUB A
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