When a resident is hospitalized, the RCFE may hold the resident's bed for their return. California law requires the terms of any bed hold to be documented in writing, including the daily rate, SSI/SSP rules, and maximum duration.
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No. California law does not require an RCFE to hold a resident's bed. However, if you agree to hold the bed, the terms must be disclosed in writing. The agreement must address the daily rate, duration, and SSI/SSP rules. Without a written agreement, disputes about costs and return rights are difficult to resolve.
Yes, but only if the written admission agreement discloses the bed hold charge in advance. The rate must be reasonable and cannot exceed the normal monthly rate prorated to a daily amount. For residents receiving SSI/SSP benefits, different rules apply to what portion of benefits can be charged during a hospital stay.
Supplemental Security Income (SSI) residents retain their SSI/SSP benefits during hospitalization, but California's rules limit what an RCFE can charge while a resident is in the hospital. The exact amount depends on the resident's monthly benefit, room-and-board rate, and length of stay. The bed hold agreement should reference these rules and how they apply to the specific resident.
There is no statutory maximum, but the duration must be specified in the bed hold agreement. Most facilities set a limit of 7 to 30 days, after which the bed is released and the room may be offered to another resident. The agreement must state clearly what happens to the resident's belongings and what the re-admission process looks like if they need to return after the hold expires.
The agreement should state that the resident has priority for their room (or an equivalent room) if they return within the agreed hold period. It should also address what happens if the resident's care needs have changed upon return from the hospital, and whether re-assessment is required before re-admission.