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Home > Administrator > Office of Ombudsman > Tip Sheets > Nursing Home Care Tips


Tip Sheets

Nursing Home Bed Hold Policy

Federal and state regulations provide that nursing facilities are required to offer a resident who leaves the nursing home for care in another institution or for therapeutic leave the opportunity to have her/his bed held for her/his return. Following are some specifics on those regulations.

Under what circumstances must a facility keep my bed available for me when I leave the nursing home?

When you leave the nursing home to enter a hospital or when you take therapeutic leave for a home visit or a vacation, the nursing home is required to provide written information to you about its bed hold policy before you leave. You have the right to request the nursing home hold your bed but you must make this decision before you leave the nursing home.

Please note: If you are discharged – rather than transferred or taking therapeutic leave – you do not have the right to have your bed held.

Discharge is defined as "moving the resident to a non-institutional setting when the releasing facility ceases to be responsible for a resident’s cares." You have the right to appeal a discharge if you wish to remain in the nursing home. Contact an ombudsman for more information about your discharge rights.

Is there a cost involved in having my bed held for my return?

Yes. As a general rule, your nursing home may charge 60% of your daily rate for each day your bed is held for you. The bed hold charge is not permitted in a facility of 25 or more beds when occupancy is less than 93% during the month of the leave or, in a smaller facility, if a licensed bed has been vacant for 60 consecutive days before the leave.

Please note: If you are a new resident in the facility and have not lived there at least 30 days, you may be charged an additional 20% which is the standard enhanced rate for residents during their first month of occupancy. The Minnesota legislature approved this additional charge because new residents typically require special attention upon moving into the facility.

Medical Assistance (MA) covers my nursing home expenses. Will MA pay to hold my bed?

Yes, but there are restrictions. Payment by Medical Assistance (MA) for a hospital leave is limited to 18 consecutive days for each "separate and distinct episode" of medically necessary hospitalization.

To qualify as a "separate and distinct" event, three factors are necessary:

  1. the hospitalization must be for an emergency;
  2. the health condition that requires hospitalization may not be related to a previous hospitalization or have been evident at the time of the last discharge; and
  3. at least two calendar days must have elapsed since the last hospitalization.

MA payment for therapeutic leave is limited to 36 leave days per calendar year. Therapeutic leave includes leave for a home visit or a vacation.

How are leave days computed?

An overnight absence of more than 23 hours is considered a leave day. An absence of less than 23 hours on the first day is not considered a leave day. After the first 23 hours, each time the clock passes midnight is counted as an additional leave day.

What happens when I have used up my leave days?

When you have used up your MA leave days, you or your family may pay for additional days if the facility offers this service. The decision to offer this service is discretionary on the part of the facility.

Please note that Minnesota law requires that the facility must provide a 30-day written notice to you before you can be discharged. This means that once you have used up your leave days, you will have 30 days to make other arrangements for your care. You also have the right to appeal the nursing home decision to discharge you.

For more information about bed holds, please call the
Office of Ombudsman for Older Minnesotans

 toll-free at 800-657-3591 or 651-431-2555.

 

 

 

 

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