Empowering families to advocate for quality nursing home care

Resident's Rights

Bed-Hold Policy and Readmission


Notice before transfer

  • Before a nursing facility transfers a resident to a hospital or allows a resident to go on therapeutic leave, the nursing facility must provide written information to the resident and a family member or legal representative that specifies
    • The duration of the bed-hold policy under the State plan, if any, during which the resident is permitted to return and resume residence in the nursing facility
    • The nursing facility’s policies regarding bed-hold periods permitting a resident to return

Bed-hold notice upon transfer

  • At the time of transfer of a resident for hospitalization or therapeutic leave, a nursing facility must provide to the resident and a family member or legal representative written notice which specifies the duration of the bed-hold policy.

Permitting resident to return to facility 

  • A nursing facility must establish and follow a written policy under which a resident, whose hospitalization or therapeutic leave exceeds the bed-hold period under the State plan, is readmitted to the facility immediately upon the first availability of a bed in a semi-private room if the resident is eligible for Medicaid nursing facility services and requires the facility’s services.

Readmission to a composite distinct part

  • When the nursing facility to which a resident is readmitted is a composite distinct part, the resident must be permitted to return to an available bed in the particular location of the composite distinct part in which he or she resided previously. If a bed is not available in that location at the time of readmission, the resident must be given the option to return to that location upon the first availability of a bed there.

Equal access to quality care

  • A facility must establish and maintain identical policies and practices regarding transfer, discharge, and the provision of services under the State plan for all individuals regardless of payment
  • The facility may charge any amount for services furnished to non-Medicaid residents consistent with the notice requirement and describe the charges

Refusal of certain transfers
A resident has the right to:

  • Refuse a transfer to another room, if the purpose of the transfer is to relocate
    • A resident of a skilled nursing facility from the distinct part of the institution facility
    • A resident of a nursing facility to skilled nursing facility distinct part