We have all seen this scenario. An RCFE resident is hospitalized. He or she clearly is no longer appropriate to return to your community, but the resident or the resident’s family is insistent on the resident returning. Title 22 Regulations give providers the right to terminate a residency agreement on 30 days notice or, with DSS permission, on 3 days notice. Nothing in Title 22 says that an RCFE residency agreement automatically terminates upon admission to the hospital if the resident no longer meets the RCFE’s admission criteria. Thus, the agreement remains in effect.

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