This regulation requires that when a nursing facility (NF) issues a 30-day notice of intent to transfer or discharge a resident, the state agency must maintain services until the notice period expires or any appeal is resolved. It also confirms that federal financial participation (FFP) remains available for Medicaid beneficiaries during the notice period and throughout any pending appeal process.
View official source§ 483.138 Maintenance of services and availability of FFP. (a) Maintenance of services. If a NF mails a 30 day notice of its intent to transfer or discharge a resident, under § 483.15(b) of this chapter, the agency may not terminate or reduce services until— (1) The expiration of the notice period; or (2) A subpart E appeal, if one has been filed, has been resolved. (b) Availability of FFP. FFP is available for expenditures for services provided to Medicaid beneficiaries during— (1) The 30 day notice period specified in § 483.15(b) of this chapter; or (2) During the period an appeal is in progress. [57 FR 56506, Nov. 30, 1992, as amended at 81 FR 68871, Oct. 4, 2016]