This federal regulation governs nursing facility (NF) admission and retention decisions for individuals who have been evaluated by state mental health or intellectual disability authorities. It permits NFs to admit or retain residents who require NF-level services, and when a resident also needs specialized services for mental illness or intellectual disability, the state is responsible for providing or arranging those specialized services while the individual remains in the NF. Facility operators must coordinate with state authorities and ensure that specialized service arrangements are in place for dually-qualifying residents.
View official source§ 483.116 Residents and applicants determined to require NF level of services. (a) Individuals needing NF services. If the State mental health or intellectual disability authority determines that a resident or applicant for admission to a NF requires a NF level of services, the NF may admit or retain the individual. (b) Individuals needing NF services and specialized services. If the State mental health or intellectual disability authority determines that a resident or applicant for admission requires both a NF level of services and specialized services for the mental illness or intellectual disability— (1) The NF may admit or retain the individual; and (2) The State must provide or arrange for the provision of the specialized services needed by the individual while he or she resides in the NF.