Page:United States Statutes at Large Volume 101 Part 2.djvu/986

 101 STAT. 1330-192

PUBLIC LAW 100-203—DEC. 22, 1987 therapeutic leave, a nursing facility must provide written information to the resident and an immediate family member or legal representative concerning— "(I) the provisions of the State plan under this title regarding the period (if any) during which the resident will be permitted under the State plan to return and resume residence in the facility, and "(II) the policies of the facility regarding such a period, which policies must be consistent with clause (iii). "(ii) NOTICE UPON TRANSFER.—At the time of transfer of a resident to a hospital or for therapeutic leave, a nursing facility must provide written notice to the resident and an immediate family member or legal representative of the duration of any period described in clause (i). "(iii) PERMITTING RESIDENT TO RETURN.—A nursing facility must establish and follow a written policy under which a resident— "(I) who is eligible for medical sissistance for nursing facility services under a State plan, "(II) who is transferred from the facility for hospitalization or therapeutic leave, and "(III) whose hospitalization or therapeutic leave exceeds a period paid for under the State plan for the holding of a bed in the facility for the resident, will be permitted to be readmitted to the facility immediately upon the first availability of a bed in a semiprivate room in the facility if, at the time of readmission, the resident requires the services provided by the facility. "(3) ACCESS AND VISITATION RIGHTS.—A

nursing

facility

must— "(A) permit immediate access to any resident by any representative of the Secretary, by any representative of the State, by an ombudsman or agency described in subclause (II), (III), or (IV) of paragraph (2)(B)(iii), or by the resident's individual physician; "(B) permit immediate access to a resident, subject to the resident's right to deny or withdraw consent at any time, by immediate family or other relatives of the resident; "(C) permit immediate access to a resident, subject to reasonable restrictions and the resident's right to deny or withdraw consent at any time, by others who are visiting with the consent of the resident; "(D) permit reasonable access to a resident by any entity or individual that provides health, social, legal, or other services to the resident, subject to the resident's right to deny or withdraw consent at any time; and "(E) permit representatives of the State ombudsman (described in paragraph (2)(B)(iiiXII)), with the permission of the resident (or the resident's legal representative) and consistent with State law, to examine a resident's clinical records. "(4) EQUAL ACCESS TO QUAUTY CARE.—

"(A) IN GENERAL.—A nursing facility must establish and maintain identical policies and practices regarding trans-

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