This regulation defines 'facility' as a Medicare-certified skilled nursing facility (SNF) or Medicaid-certified nursing facility (NF) and establishes when residents have appeal rights related to transfers, discharges, or relocations. Residents may appeal transfers from a certified bed to a noncertified bed, or from one certified entity to a differently certified provider, but have no appeal rights for bed-to-bed moves within the same certified entity. Facility operators must ensure residents are informed of and afforded these appeal rights in applicable transfer or discharge situations.
View official source§ 483.206 Transfers, discharges and relocations subject to appeal. (a) “Facility” means a certified entity, either a Medicare SNF or a Medicaid NF (See § 483.5). (b) A resident has appeal rights when he or she is transferred from— (1) A certified bed into a noncertified bed; and (2) A bed in a certified entity to a bed in an entity which is certified as a different provider. (c) A resident has no appeal rights when he or she is moved from one bed in the certified entity to another bed in the same certified entity. [57 FR 56514, Nov. 30, 1992, as amended at 81 FR 68871, Oct. 4, 2016]