States must establish a hearing and appeal system allowing SNF/NF residents to contest discharge or transfer notices, and allowing individuals to appeal adverse PASARR (preadmission screening and annual resident review) determinations. The appeals system must comply with federal requirements under § 483.15(h) and part 431 subpart E. This regulation governs state-level procedural obligations related to nursing facility admissions screening for individuals with intellectual/developmental disabilities or mental illness.
View official source§ 483.204 Provision of a hearing and appeal system. (a) Each State must provide a system for: (1) A resident of a SNF or a NF to appeal a notice from the SNF or NF of intent to discharge or transfer the resident; and (2) An individual who has been adversely affected by any PASARR determination made by the State in the context of either a preadmission screening or an annual resident review under subpart C of part 483 to appeal that determination. (b) The State must provide an appeals system that meets the requirements of this subpart, § 483.15(h), and part 431 subpart E of this chapter. [57 FR 56506, Nov. 30, 1992; 58 FR 25784, Apr. 28, 1993, as amended at 81 FR 68871, Oct. 4, 2016]