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<regulation prefix="Regulation" num=".12" citation="COMAR 10.07.09.12" title_num="10" subtitle_num="07" chapter_num="09" heading="Resident Relocation and Bed Hold.">
  <paragraph num="A.">
    <text>Notification of Resident Relocation Within a Facility.</text>
    <paragraph num="(1)">
      <text>Except in emergency situations or when it is documented in the resident's record that a resident's physical, clinical, or psychological well-being would be jeopardized, a nursing facility shall notify a resident or, when applicable, the resident's representative or interested family member, if available, in writing at least 30 days before the resident is relocated within a facility or to a different part of a facility, unless the resident or, if the resident is incapacitated, the resident's legally authorized representative, agrees to the relocation and this is documented in the resident's record.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Under the limited conditions set forth in §A(1) of this regulation where 30-days notice cannot be provided in advance of a relocation, the facility shall document that it has provided notice of the relocation as soon as practicable.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>When a resident is relocated, the facility shall elicit and make reasonable efforts to comply with the resident's request of location and, if applicable, assignment of roommate.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>A resident's right to refuse a change in room assignment under §A of this regulation does not affect the resident's eligibility or entitlement to Medicaid benefits.</text>
  </paragraph>
  <paragraph num="C.">
    <text>Notice.</text>
    <paragraph num="(1)">
      <text>Notice of Bed-Hold Policy at the Time of Admission. At the time of admission, a nursing facility shall provide written information to a resident or, when applicable, the resident's representative or interested family member, describing the facility's bed-hold policy, including the period of time during which the resident is permitted to return and resume residence in the nursing facility.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Notice of Bed-Hold Policy at Time of Transfer. At the time of transfer of a resident to a hospital or for therapeutic leave, a nursing facility shall provide a written notice to the resident, or when applicable, the resident's representative or interested family member, which specifies the duration of the bed-hold policy described in §C of this regulation.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Permitting a Resident to Return to the Nursing Facility. When a resident's hospitalization or therapeutic leave exceeds the bed-hold period under the State Medicaid plan, the resident has a right to be readmitted to the nursing facility immediately upon the first availability of a bed in a semiprivate room if the resident:</text>
    <paragraph num="(1)">
      <text>Requires the services provided by the nursing facility; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Is eligible for Medicaid coverage for the nursing facility's services.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Unless the bed hold has expired, for purposes of this regulation, transfer includes the refusal of a nursing facility to accept the return of a resident who was previously transferred from the nursing facility:</text>
    <paragraph num="(1)">
      <text>Whose bed at the nursing facility was continuously reserved or required to be reserved through payment to the nursing facility from any source; or</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Who had an application for medical assistance pending at the time of the transfer if there is no reason to believe that the application will not be approved.</text>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>Transfer and Discharge Planning. In addition to the requirements of Regulation .11 of this chapter, a nursing facility shall provide, in all cases, orientation and planning to residents to ensure safe and orderly transfer of discharge from the nursing facility.</text>
  </paragraph>
</regulation>