C.F.R. » Title 42 » CHAPTER IV—CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES › SUBCHAPTER G—STANDARDS AND CERTIFICATION › PART 483—REQUIREMENTS FOR STATES AND LONG TERM CARE FACILITIES › Subpart E—Appeals of Discharges, Transfers, and Preadmission Screening and Annual Resident Review (PASARR) Determinations

42 C.F.R. § 483.202

Definitions

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For purposes of this subpart and subparts B and C—

Discharge means movement from an entity that participates in Medicare as a skilled nursing facility, a Medicare certified distinct part, an entity that participates in Medicaid as a nursing facility, or a Medicaid certified distinct part to a noninstitutional setting when the discharging facility ceases to be legally responsible for the care of the resident.

Individual means an individual or any legal representative of the individual.

Resident means a resident of a SNF or NF or any legal representative of the resident.

Transfer means movement from an entity that participates in Medicare as a skilled nursing facility, a Medicare certified distinct part, an entity that participates in Medicaid as a nursing facility or a Medicaid certified distinct part to another institutional setting when the legal responsibility for the care of the resident changes from the transferring facility to the receiving facility.

Notes of Decisions
Cited in 7 cases, 1994–2015 · leading case: Gruby v. The Dep't of Pub. Health, 2015 IL App (2d) 140790 (Ill. App. Ct. 2015).
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Gruby v. The Dep't of Pub. Health, 2015 IL App (2d) 140790 (Ill. App. Ct. 2015). · cites it 3× “” 42 C.F.R. § 483.202 (2012). “Discharge” is defined, in pertinent part, as “movement from an entity that participates *** in Medicaid as a nursing facility *** to a noninstitutional setting when the discharging facility ceases to be legally responsible for the care of the…”
Gruby v. The Dep't of Pub. Health, 2015 IL App (2d) 140790 (Ill. App. Ct. 2015). · cites it 3× “” 42 C.F.R. § 483.202 (2012). “Discharge” is defined, in pertinent part, as “movement from an entity that participates *** in Medicaid as a nursing facility *** to a noninstitutional setting when the discharging facility ceases to be legally responsible for the care of the…”
Bryant v. Indiana State Dep't of Health, 695 N.E.2d 975 (Ind. Ct. App. 1998). “42 C.F.R. § 483.202 . A "discharge” is the movement of resident from a skilled nursing facility to a noninstitutional setting.”
In Re the Involuntary Discharge or Transfer of J.S. Ex Rel. Hall, 512 N.W.2d 604 (Minn. Ct. App. 1994). “56,514 (1992) (to be codified at 42 C.F.R. § 483.202 ). A discharge is the movement of a resident from a skilled nursing facility "to a noninstitutional setting.”
Paschall v. Dist. of Columbia Dep't of Health, 871 A.2d 463 (D.C. 2005). “” 42 C.F.R. § 483.202 . .Recognizing this authority in the ALJ does not, of course, deprive D.”
Gruby v. The Dep't of Pub. Health, 2015 IL App (2d) 140790 (Ill. App. Ct. 2015). · cites it 3× “” 42 C.F.R. § 483.202 (2012). “Discharge” is defined, in pertinent part, as “movement from an entity that participates *** in Medicaid as a nursing facility *** to a noninstitutional setting when the discharging facility ceases to be legally responsible for the care of the…”
Short v. Dep't of Pub. Health, 3 Mass. L. Rptr. 508 (Mass. Super. Ct. 1995). · cites it 4× “42 C.F.R. §483.202 . The Division of Medical Assistance (DMA), the state agency which currently administers the Massachusetts Medicaid program, is responsible for conducting the required fair hearings relative to transfers and discharges.”
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