Withdrawal Requirements

(A) On the same date on which the nursing facility sends a withdrawal notice to MassHealth, the facility must give notice, in hand, to all its residents and the residents’ authorized or legal representatives, including those residents who have been transferred to hospitals, or who are on nonmedical leave of absence. The notice must advise that any resident who is eligible for MassHealth on the effective date of the withdrawal must relocate to a facility participating in MassHealth to ensure continuation of MassHealth payment of nursing facility services and must also be determined eligible to continue to receive the services. (B) The notice will also state that the facility will work promptly and diligently to arrange for the relocation of members to MassHealth-participating facilities or, if appropriate, to the community. The nursing facility must give a similar notice to applicants for admission during the period between the date in which the facility sent the withdrawal notice to MassHealth and the effective date of the withdrawal. (C) After giving notice of intent to withdraw, the facility must promptly begin and diligently sustain efforts to arrange for the relocation of members to facilities participating in MassHealth or to the community. (D) When it has been determined where a member is to be transferred, the facility must give the member written notice including the name of the facility to which the member will be transferred and notification of the member’s right to appeal such a transfer as provided for in 130 CMR 456.701 and 456.702.