Long-Term Care Facilities - Virginia



42 CFR 483.15 - Admission, transfer, and discharge rights.


I.         The facility must permit each resident to remain in the facility, and not transfer or discharge the resident from the facility unless

A.       The transfer or discharge is necessary for the resident's welfare and the resident's needs cannot be met in the facility;

B.       The transfer or discharge is appropriate because the resident's health has improved sufficiently so the resident no longer needs the services provided by the facility;

C.       The safety of individuals in the facility is endangered due to the clinical or behavioral status of the resident;

D.       The health of individuals in the facility would otherwise be endangered;

E.       The resident has failed, after reasonable and appropriate notice, to pay for (or to have paid under Medicare or Medicaid) a stay at the facility. Non-payment applies if the resident does not submit the necessary paperwork for third party payment or after the third party, including Medicare or Medicaid, denies the claim and the resident refuses to pay for his or her stay. For a resident who becomes eligible for Medicaid after admission to a facility, the facility may charge a resident only allowable charges under Medicaid; or

F.       The facility ceases to operate.