Nursing Home Residents Have the Right to Seven-day Bed Hold When Hospitalized

When a person is admitted to a skilled nursing facility, documents included in the resident’s package for signature should be a document informing the resident of the facility’s “bed-hold” policy. State and Federal Regulations give residents the right to have their own bed held for seven days while they are in the hospital. This applies to both Medi-Cal and private pay residents’, the only difference is the private pay residents are responsible for paying for those seven days they are out of the facility. The days are counted from the day the resident leaves the facility and signs a bed-hold notice. The day the resident returns to the facility is not counted as a bed-hold day.
After seven days, the facility may give the resident’s bed away to a new resident in need. However, Medi-Cal residents have the right to the first available bed in the facility when they are ready to return. Private pay residents also have the right if the facility fails to notify them of their bed-hold right. Facilities will often try to get away with refusing readmission to Med-Cal residents.
The facility must give a written bed-hold notice to the resident and/or the resident’s family upon being transferred to the hospital. If the resident returns to the facility within the seven days, he/she should return to the same room and same bed, without having to sign new admissions agreements.
Further information is at CANHR’s website www.canhr.org.
Ms. MacDonald’s practice is limited to Estate Planning, Probate & Trust Administration. Ms. MacDonald maintains her practice in the Santa Clarita Valley at 25115 Avenue Stanford, Suite A-209, Valencia, California. She can be reached at 661-294-6464.