Ala. Admin. Code r. 560-X-46-.01

Current through Register Vol. 43, No. 1, October 31, 2024

Section 560-X-46-.01 - General Conditions Of Participation

Swing beds are defined as hospital beds that can be used for either skilled nursing facility (SNF) or hospital acute care levels of care on an as needed basis if the hospital has obtained a swing bed approval from the Department of Health and Human Services. Swing bed hospitals must:

(a) Have fewer than 100 beds (excluding newborn and intensive care beds) and be located in a rural area as defined by the Census Bureau based on the most recent census;

(b) Be Medicare certified as a swing bed provider;

(c) Have a certificate of need for swing beds;

(d) Be substantially in compliance with SNF conditions of participation for patient rights, 42 CFR

§405.1121(K)(2)(3)(4)(7)(8)(10)(11)(13)(14); specialized rehabilitation services, 42 CFR § 405.1126(a)(b)(c); dental services, 42 CFR §405.1129 ; social services, 42 CFR § 405.1130; patient activities, 42 CFR §405.1131 ; and discharge planning, 42 CFR §405.1137(h) . Most other SNF conditions would be met by virtue of the facilities compliance with comparable conditions of participation for hospitals;

(e) Must not have in effect a 24 hour nursing waiver granted under 42 CFR §405.1910(c);

(f) Must not have had a swing bed approval terminated within the two years previous to application for swing bed participation;

(g) Be in compliance with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and the Age Discrimination Act of 1975; and

(h) Execute an Alabama Medicaid Agency provider agreement.

(2) Refer to Chapter 10 for detailed information on SNF policies and procedures which will be applicable for swing beds.

Author: Vicki Huff

Ala. Admin. Code r. 560-X-46-.01

Emergency rule effective March 30, 1989. Permanent rule effective July 13, 1989.

Statutory Authority: Title XIX, Social Security Act; Civil Rights Act of 1964; Rehabilitation Act of 1973; State Plan, Attachment 4.19D; 42 CFR §§405.1121, 405.1126, 405.1130, 405.1131, 405.1137, 482.66; 45 CFR §§80, 84, 90.