Nursing homes and other healthcare facilities must develop and implement policies for permitting residents to return to the facility after hospitalization or therapeutic leave. These policies must provide for a resident to return to their previous room, if available, within the bed-hold period as defined in the State plan. If the bed-hold period has expired, or if the State plan does not provide for bed-holds, the resident must be allowed to return to their previous room, if available, or to the first available bed in a semi-private room, provided they still require the services provided by the facility and are eligible for Medicare or Medicaid nursing facility services. If the facility determines that the resident cannot return, the facility must comply with the requirements of Transfer and Discharge Requirements at §483.15(c). Additionally, Medicaid-eligible residents must be permitted to return to the first available bed even if they have outstanding Medicaid balances. The facility must not discharge a resident unless it is necessary for the resident’s welfare and the facility cannot meet their needs, the resident’s health has improved, the resident’s clinical or behavioral status endangers the safety or health of other individuals in the facility, the resident has failed to pay for their stay, or the facility ceases to operate. This will impact nursing homes and healthcare facilities by requiring them to develop and implement policies for permitting residents to return to the facility after hospitalization or therapeutic leave, and to not discharge a resident unless it is necessary for the resident’s welfare.

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