Section He-E 802.15 - Temporary Absence from the Nursing Facility(a) A NF shall establish and follow a written policy regarding bed-hold periods which is consistent with RSA 151:25 and which indicates that when a NF has not received payment for a period of temporary absence or when the absence is longer than 10 days:(1) The resident shall have the option to return to the NF to the next available bed; and(2) If more than one person has a right of readmission, vacancies shall be allocated on a first request made, first request honored basis, and without regard to the source of payment.(b) If a resident leaves the NF for any reason, and there is reason to believe that the resident might be absent during the next midnight census, then the following shall apply: (1) The NF shall provide to the resident and his or her legal representative the NF's written policy regarding bed-hold periods;(2) The NF shall document the notification in the resident's record, along with the resident's and legal representative's written agreement to pay, or rejection of the option to pay, for the bed-hold period;(3) The NF shall not charge an amount in excess of the Medicaid rate to hold a bed for a resident who is on Medicaid; and(4) If a NF refuses to readmit a resident following an absence for medical treatment or therapeutic leave then a transfer or discharge shall have been deemed to have occurred and the NF shall follow the transfer discharge requirements found in He-E 802.16.(c) When a resident leaves the NF for medical treatment, the NF shall communicate with the hospital or facility providing the medical treatment to the extent reasonably necessary in order to plan for the resident's safe and orderly transition back to the NF.(d) When a resident is absent from a NF due to therapeutic leave, the NF may bill for reserved bed days pursuant to 42 CFR 447.40, subject to the following conditions: (1) Such days shall be specified in the resident's plan of care;(2) The plan of care shall describe provisions for continuity of care while the resident is out of the NF;(3) Such days shall not be for hospitalization or for transferring to another facility;(4) The NF may not bill for more than 30 reserved bed days per resident per state fiscal year; and(5) When a recipient is on reserved bed day status, the department shall not pay separately for any services covered as part of the NF's rate pursuant to He-E 806.N.H. Code Admin. R. He-E 802.15
#7751, eff 8-17-02; amd by #8466, eff 10-28-05; amd by #9786, INTERIM, eff 9-20-10; ss and renumbered by #9888-A, eff 3-19-11 (formerly He-E 802.14 )
Amended by Volume XXXIX Number 16, Filed April 18, 2019, Proposed by #12741, Effective 3/20/2019, Expires 9/16/2019.Amended by Volume XL Number 46, Filed November 12, 2020, Proposed by #13130, Effective 10/30/2020, Expires 10/29/2030.