Is a SNF required to readmit a COVID+ resident from the hospital?

A SNF is not required to readmit a resident from the hospital if it is not capable of meeting the residents needs or if the readmission would endanger the health of individuals in the home. In determining whether the facility is capable of meeting the resident’s needs or if the resident’s readmission would endanger the health of individuals in the home, the SNF must consider:

  • Physical Environment - Is the facility’s physical layout capable of isolating COVID-19 presumptive or positive residents in accordance with the most recent CDC, CMS, and State guidelines? According to the April 2, 2020 Guidance from CMS, long-term care facilities should separate patients and residents who have COVID-19 from patients and residents who do not, or have an unknown status. 
  • Staffing – Does the facility have adequate numbers of staff, and staff that is trained to care for COVID-19 presumptive or positive residents?
  • PPE – Does the facility have adequate PPE in accordance with its current or projected burn rate to care for presumptive or positive COVID-19 residents in accordance with CDC, CMS, and State guidelines?
  • Medications and Other Supplies – Does the facility have access to adequate medications necessary to care for COVID-19 presumptive or positive residents?
  • Cleaning and Other Supplies – Does the facility have the staff and supplies necessary to maintain a safe and sanitary environment?

NOTE: If a SNF determines that it is unable readmit a COVID-19 positive resident from the hospital, the facility must comply with the Transfer and Discharge requirements of 42 CFR §483.15(c), including the need to provide an emergency discharge notice. The limited blanket waivers regarding transfers and discharges do not apply to this situation.

last updated:
Apr 27

The material provided on this page is intended to be informational only and is not intended to be nor is it legal advice. EVOLVE Legal Solutions LLC (EVOLVE) disclaims any and all liability related to or arising from the information contained in this publication. This information is provided “as is” without any express or implied warranty. EVOLVE makes no guarantee that this material will meet your requirements or be of use to you for any specific purpose or application. To the extent this material references any laws or guidance, those references are federal only, and users should consult with their legal counsel regarding any additional and/or conflicting state laws.

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