Section 801.10.36. Leave, bed holds and 96-hour passes.

         10.36(1) Non-Title XIX members.

            a.               Members are free to leave IVH grounds unless contraindicated by medical determination. In cases where it is determined to be medically contraindicated and a member chooses to leave, the member or legal representative must sign “Discharge Against Medical Advice,” Form 475-0940.

            b.               Leaves are required if the member expects to be absent past midnight.

            c.               All leaves other than free time shall require payment of member support charges as though the member were in residency. Failure to pay regular member support charges may result in discharge of the member. Leave length may be changed by notification from the member or legal representative to the nursing unit social worker or domiciliary office.

            d.               Hospital leaves. Leaves spent in approved medical facilities away from IVH shall not be counted against the 59-day leave time limit as set out in paragraph 10.14(3)“b.”

Hospital leaves shall be granted and the charges for such leaves shall be as follows: During the first ten consecutive days of any hospital stay, the member shall pay the regular and usual assessed charge for the member’s level of care. Beginning on the eleventh day through the remainder of the hospitalization, the member shall not be charged. Each monthly member support bill shall reflect any adjustments related to hospitalization.

Leaves to other medical facilities for the purpose of treatment shall be treated as hospital leaves.

            e.               General leaves.

             (1)             Twelve days of leave time each calendar year shall be free time.

             (2)             The member shall be charged the usual support charge for leave time over 12 days up to and including 59 days.

             (3)             The member shall be charged the full support rate for the level of care in which the member resides for leave time over 59 days.

             (4)             Leave time is not cumulative from one calendar year to another calendar year.

             (5)             Leave time the member has not utilized or cannot utilize shall not be credited toward the member’s support.

             (6)             Support charges for the member on leave who wishes to retain the member’s room or bed shall be due and payable as though the member were in residency as set forth in paragraph 10.36(1)“c.”

            f.                When the nursing care member is on leave, the member shall remain on in-house status for the first 12 leave days per calendar year for DVA per diem purposes and IVH shall be financially responsible for medical expenses, which include deductibles, co-pays and the member’s share after all insurance has been filed and paid to the medical facility, unless the medical expenses are assumed by the member or legal representative in relation to choice of medical facility.

            g.               When a member has used 12 non-hospital leave days, IVH is not financially responsible for any medical charges for the member while on leave.

         10.36(2) Members who are receiving Title XIX benefits.

            a.               Members are free to leave IVH grounds unless contraindicated by medical determination. In cases where it is determined to be medically contraindicated and a member chooses to leave, the member or legal representative must sign “Discharge Against Medical Advice,” Form 475-0940.

            b.               A leave as set out in paragraph 10.36(1)“b” is required if a member expects to be absent past midnight.

            c.               The member’s bed shall be held while the member is visiting away from IVH for a period not to exceed 18 days in any calendar year. There is no restriction as to the amount of days taken in any one month or during any one visit, as long as the days taken in the calendar year do not exceed 18. Additional days shall be allowed if the member’s medical provider recommends in the plan of care that additional days would be rehabilitative.

            d.               A member or a legal representative who wishes to exceed the 18 visitation days and retain the member’s bed, but does not have medical provider recommendation for an extension, must make arrangements with the operations division administrator or designee for payment of the rate determined by the department of human services income maintenance worker for all days in excess of the 18 visitation days. If prior arrangements and payment are not made, a member may be discharged in accordance with subrule 10.12(2).

            e.               A bed shall be held for a hospitalized member. The member’s client participation shall be paid according to the department of human services’ income maintenance worker for all hospitalized days until member returns or is discharged.

            f.                IVH is not financially responsible for any medical charges for the member when visiting away from IVH.

         10.36(3) Ninety-six-hour passes for domiciliary members.

            a.               A pass shall not exceed 96 hours. If a member expects to be gone for more than 96 hours, a leave is required.

            b.               Upon return from a pass, the member must remain in residence past midnight of the day of return before another pass is issued.

            c.               When a member is on pass, the member shall remain on in-house status for DVA per diem purposes; IVH shall be financially responsible for medical expenses, which include deductibles, co-pays and the member’s share after all insurance has been filed and paid to the medical facility, unless the medical expenses are assumed by the member or legal representative in relation to choice of medical facility.

[ARC 8014B, IAB 7/29/09, effective 7/10/09; ARC 8417B, IAB 12/30/09, effective 2/3/10; ARC 1157C, IAB 10/30/13, effective 12/4/13; see Delay note at end of chapter; ARC 2675C, IAB 8/17/16, effective 9/21/16]