OAR 411-088-0060: Right to Readmission

(1) Any person transferred from a facility voluntarily or involuntarily shall have the right of readmission to the facility from which the person was transferred, provided that: (a) A request for readmission is made within 180 days of the date of transfer; (b) The person is eligible by means of payment and requires nursing facility care; and (c) No determination was made at informal conference or hearing that the person does not have the right of readmission. (2) Section (1) of this rule does not require a facility to accept a person in a bed located in a room which is occupied by a resident of the opposite sex at the time of the request. EXCEPTION: A facility is required to accept a person to a room occupied by a resident of the opposite sex if the respective resident previously shared a room in the facility and if neither resident objects to the admission. (3) Section (1) of this rule does not require a facility to accept a person who voluntarily transferred from the facility directly to another nursing facility. (4) If a person or his or her legal representative request readmission, and the facility denies readmission, then the facility shall give written notice (SDS 0510). (5) A former resident who receives Medicaid does not have the right to be readmitted to a facility which is not Medicaid certified unless reimbursement is available pursuant to OAR 411-070-0010. (6) If more than one person has a right of readmission, priority in allocation of vacancies shall be determined by the earliest date of application for readmission. (7) A person whose stay in the facility totals 30 or fewer days and was transferred pursuant to OAR 411-088-0070(1)(d) (post-hospital extended care services or specialized services) may not have a right of readmission.