Or. Admin. Code § 411-088-0050 - Right to Return from Hospital
(1)
If a resident is transferred to a hospital, the facility may not fill the
resident's bed with another person if the resident or the resident's legal
representative offers payment, or reimbursement is available from the
Department, for the period of the hospital stay. If payment or reimbursement is
offered or available, from or on behalf of the resident, the Department, or a
combination thereof, or if the facility has not complied in full with section
(2) of this rule, the resident shall have the right of return to his or her bed
immediately after the period of hospital stay.
(2) The Administrator, or his or her
designee, is responsible for notifying the resident or legal representative and
any agency responsible for the welfare or support of the resident of the option
to offer payment to hold the bed prior to filling the bed with another person.
This notification shall be documented in the resident's record by either the
resident's or legal representative's written agreement to pay or rejection of
the option to pay.
(3) If the
resident is unable, due to physical or mental incapacity, to enter such
agreement and there is no legal representative known to the facility, this fact
shall be documented in the resident's record and the resident's bed may
thereafter be filled upon issuance of the notice (SDS 0510).
(4) If the resident's bed has been given to
another person because payment was not offered, the resident shall have
priority for readmission over all other persons with a right to readmission and
over any waiting list.
(5) If a
former resident or his or her legal representative requests right of return and
the facility denies right of return, then the facility shall give written
notice (SDS 0510).
(6) Persons
with right of return have priority over all persons with right of readmission.
(7) Residents with a right of
return are entitled to return to the facility immediately upon discharge from
the hospital unless the resident's bed has been filled in compliance with this
rule and there is no available bed in the facility.
Notes
The Exhibit(s) referenced in this rule is not printed in the OAR Compilation. Copies are available from the agency.
Stat. Auth.: ORS 410 & 441.055
Stats. Implemented: ORS 441.055, 441.600 & 441.615
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