Legal Alert – Bed-Hold: On Hold - Cona Elder Law

Legal Alert – Bed-Hold: On Hold

Bed-Hold: On Hold SNFs Will Continue to be Paid for Bed-Hold Days Until Further Notice


Governor Cuomo’s goal of saving $18 million annually by eliminating bed-hold was passed in the April New York State budget but is now on hold.  Once implemented, SNFs with a 95% or greater census holding a resident’s bed due to the resident’s hospitalization will no longer receive 50% Medicaid payment. 

The elimination of bed-hold reimbursement under the amended Public Health Law caused chaos for SNFs and families alike in terms of readmission and the holding of the same bed in the same room for a hospitalized resident.  

On May 13, 2017, the Department of Health issued a “Dear Administrator” letter advising that implementation of the amended law has been delayed until conforming regulations can be enacted.  As such, the status quo remains:  SNFs must reserve the same bed for a hospitalized resident for a maximum of 14 days in a calendar year and will continue to be reimbursed at 50% provided the facility has a 95% or greater census.

Note that therapeutic leaves of absence were not affected by the 2017-18 State Budget and amended Public Health Law.

As always, our team of attorneys is available to answer any questions you may have.  Call us at 631.390.5000 or click here.

We will keep you informed as this issue develops. 


About the Author Cona Elder Law

Cona Elder Law is a full service law firm based in Melville, LI. Our firm concentrates in the areas of elder law, estate planning, estate administration and litigation, special needs planning and health care facility representation. We are proud to have been recognized for our innovative strategies, creative techniques and unparalleled negotiating skills unendingly driven toward our paramount objective - satisfying the needs of our clients.

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