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. § 483.204

Provision of a hearing and appeal system

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(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]
Notes of Decisions
Cited in 3 cases, 1996–2016 · leading case: Steward ex rel. Minor v. Abbott, 189 F. Supp. 3d 620 (W.D. Tex. 2016).
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Steward ex rel. Minor v. Abbott, 189 F. Supp. 3d 620 (W.D. Tex. 2016). “§ 1396r(e)(7)(A) and 42 C.F.R. § 483.204 and outlined in state law.”
Anderson v. Cabinet for Human Resources, 917 S.W.2d 581 (Ky. Ct. App. 1996). “42 CFR § 483.204 requires each state to “provide an appeals system that meets the requirements of this subpart, Section 483.”
Paschall v. Dist. of Columbia Dep't of Health, 871 A.2d 463 (D.C. 2005). “Under 42 C.F.R. § 483.204 , the State “must provide an appeals system that meets the requirements of part 431 subpart E of this chapter.”
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