Regulation detail

F-Tag F621

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F-Tag F621 active

§483.15(b) Equal access to quality care.

Jurisdiction: CM Agency: Centers for Medicare & Medicaid Services
SNF (100%)
Plain-English summary

This federal regulation (F-Tag F621) requires skilled nursing facilities (SNFs) and nursing facilities (NFs) to maintain identical policies and practices for transfer, discharge, and provision of services regardless of a resident's payment source. Facilities may charge non-Medicaid residents varying amounts for services unless restricted by state law, but must provide written notice of available services and associated costs at or before admission and when coverage changes. Room changes within composite distinct part SNFs are restricted to moves within the resident's building unless the resident voluntarily agrees to relocate.

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Regulation text
F621
(Rev. 229; Issued: 04-25-25; Effective: 04-25-25; Implementation: 04-28-25) 
 
§483.15(b) Equal access to quality care. 
 
§483.15(b)(1) A facility must establish, maintain and implement identical policies and 
practices regarding transfer and discharge, as defined in §483.5 and the provision of 
services for all individuals regardless of source of payment, consistent with §483.10(a)(2); 
 
§483.15(b)(2) The facility may charge any amount for services furnished to non-Medicaid 
residents unless otherwise limited by state law and consistent with the notice requirement 
in §483.10(g)(18)(i) and (g)(4)(i) describing the charges; and 
 
§483.15(b)(3) The State is not required to offer additional services on behalf of a resident 
other than services provided in the State plan. 
 
§483.15(c)(9) Room changes in a composite distinct part. Room changes in a facility that is 
a composite distinct part (as defined in § 483.5) are subject to the requirements of § 
483.10(e)(7) and must be limited to moves within the particular building in which the 
resident resides, unless the resident voluntarily agrees to move to another of the composite 
distinct part’s locations. 
 
DEFINITIONS 
 
“Composite Distinct Part”: A composite distinct part is a distinct part consisting of two or 
more noncontiguous components that are not located within the same campus, as defined in 
§413.65(a)(2) of this chapter. Additional requirements specific to SNF/NF composite distinct 
parts are found at §483.5. 
 
“Campus”: Campus is defined in §413.65(a)(2) and means the physical area immediately 
adjacent to the provider’s main buildings, other areas and structures that are not strictly 
contiguous to the main buildings but are located within 250 yards of the main buildings, and any 
other areas determined on an individual case basis, by the CMS location, to be part of the 
provider’s campus. 
 
“Distinct Part”: A distinct part SNF or NF is physically distinguishable from the larger 
institution or institutional complex that houses it, meets the requirements of this paragraph and of 
paragraph (b)(2) of this section, and meets the applicable statutory requirements for SNFs or NFs 
in sections 1819 or 1919 of the Act, respectively. A distinct part SNF or NF may be comprised of 
one or more buildings or designated parts of buildings (that is, wings, wards, or floors) that are: 
In the same physical area immediately adjacent to the institution's main buildings; other areas 
and structures that are not strictly contiguous to the main buildings but are located within close 
proximity of the main buildings; and any other areas that CMS determines on an individual basis, 
to be part of the institution's campus. A distinct part must include all of the beds within the 
designated area, and cannot consist of a random collection of individual rooms or beds that are 
scattered throughout the physical plant. The term “distinct part” also includes a composite 
distinct part that meets the additional requirements of paragraph (c) of this section. Additional 
requirements specific to SNF/NF distinct parts are found at §483.5. 
 
INTENT 
 
To ensure residents are treated equally regarding transfer, discharge, and the provision of 
services, regardless of their payment source. 
 
GUIDANCE 
 
All services, including but not limited to nursing services, specialized rehabilitative services, 
behavioral health services, social services, dietary services, and pharmacy services, or activities, 
that are mandated by the law must be provided to residents according to their individual needs, 
as determined by assessments and care plans. “Identical policies and practices” concerning 
services means that facilities must not distinguish between residents based on their source of 
payment when providing services that are required to be provided under the law. 
 
Notice Requirements for Changes to Medicare/Medicaid Coverage 
 
Facilities must inform each resident in writing before or at admission, and periodically during 
their stay, such as when a change in coverage occurs, of the facility’s available services and 
associated costs. The facility may charge any amount for services furnished to non- Medicaid 
residents unless otherwise limited by state law. Section §483.10(f)(11) and F571 provide 
additional information regarding services and charges for which a facility may or may not charge 
the resident. Pursuant to §483.10(g)(18)(i) and F582, the facility must provide notice of changes 
in coverage for services to residents as soon as is reasonably possible. 
 
Facility Requirements Regarding Room Changes in a Composite Distinct Part 
 
If a facility does not have a composite distinct part this provision does not apply. If there are 
concerns as to whether or not a facility meets the requirements for a distinct or composite distinct 
part of a larger institution or institutional complex, consult with the CMS location for 
clarification. 
 
Room changes within either a composite distinct part SNF or a distinct part SNF are subject to 
the requirements at §483.10(e)(7) and F560, which address the resident’s right to refuse 
transfer/room change. For concerns regarding the resident’s right to refuse such a transfer or 
room change, refer to §483.10(e)(7) and F560. 
 
PROBES 
 
Determine if residents are grouped in separate wings or floors for reasons other than care needs, 
and if the quality of care is different between the different wings/floors. 
Ask nursing home administrator, social worker, charge nurses, unit managers, and/or Director of 
Nursing: 
 
• What factors led to decisions to place residents in different wings or floors (or locations if 
a SNF composed of composite distinct parts)? 
 
• Do factors other than medical and nursing needs affect where residents are placed? 
 
Ask representatives of the Office of the State Long-Term Care Ombudsman if they have 
information that could indicate the facility treats residents differently in transfer, discharge and 
covered services based on source of payment. 
 
If concerns arise regarding equal access to care, ask the resident or representative: 
 
• Were there any changes to care or services when their payor source changed, for example 
did they notice fewer staff available to meet their needs when their payor source was due 
to change or had changed? 
 
• Did the resident receive notice of changes in charges for services? 
 
• Were they asked to move or were they moved to a different location in the building when 
their payor source changed?