Page 117 - Ombudsman Participant Manual Optimized_Neat

• A written notice is required, including the reason for the change (in a language that he or she can

understand).

Right to Return to the Facility
• Bed Hold §483.15(d)
o Facility must provide written information about the bed-hold policy prior to transfer
§483.15(d)(1)
o Facility must establish and follow a written policy permitting residents to return to the facility
after hospitalized or placed on therapeutic leave
▪ If bed-hold is exceeded, resident can return to previous room or first available bed
• If a resident had an expectation of returning the facility determines he or she “cannot return to the

facility”, the facility must comply with discharge requirements

Preventing Residents from Being “Dumped” in Hospitals**
• If the facility determines resident “cannot return to the facility”, then the facility must comply with
transfer/discharge regulations “as they apply to discharges.”
o This is a cross-reference to section that begins with statement that “before a facility transfers or
discharges a resident,” facility must provide advance notice in manner required by regulations.
▪ CMS states that it has made revisions “to better address concerns that (the initially-
proposed language) would allow patient dumping”

Top 5 Nursing Home Complaints*
• Improper eviction or inadequate discharge/planning §483.15(c)
• Unanswered requests for assistance
• Lack of respect for residents, poor staff attitudes §483.10(c); §483.10(a)(1); §483.10(e)
• Quality of life, specifically resident/roommate conflict §483.24;§483.10(f)(2);§483.10(j)(1-5)
• Administration and organization of medications §483.10(c)(7)

Office of the LTC Ombudsman
Version 1.0 September 2020
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