When a loved one lives in a long-term care facility, families trust that the nursing home will act promptly to protect their health, especially in emergencies. Yet one little-known policy can put residents at risk: Georgia’s Medicaid “bed hold” rules. Without careful oversight, these rules, which were initially implemented to protect residents, can lead to delayed hospital transfers, neglected medical conditions, serious injury, and even wrongful death.
What Is a Bed Hold Rule?
A bed hold rule is a Medicaid policy that determines how long a nursing home will be paid to keep a resident’s room available if they are temporarily hospitalized or away from the facility. It exists because Medicaid pays nursing homes based on a resident’s presence; if a bed is empty too long, the facility stops receiving Medicaid reimbursement.
In Georgia, Medicaid will pay a nursing home up to seven days per hospitalization to hold a resident’s bed. The state also allows up to eight days per calendar year for short therapeutic or home visits. After these Medicaid-paid days expire, the nursing home is no longer reimbursed, unless a private arrangement is made with the resident or family.
This policy must be disclosed to residents and families in writing prior to hospitalization or leave.
Why Bed Hold Policies Can Incentivize Care Delays
Because Medicaid stops paying after the seven-day hospital bed hold period, nursing homes may face financial pressure to keep residents out of the hospital longer than medically safe. Some facilities choose to manage serious medical issues “in-house” rather than calling 911 or transferring residents, even when medical standards clearly require emergency care.
In these situations, the facility’s financial interests conflict with the resident’s health needs. A delayed hospital transfer may help to protect the institution’s bottom line but can jeopardize a resident’s life.
How Delays in Treatment Affect Residents
When treatment is delayed, conditions that could have been quickly addressed in a hospital can rapidly worsen. Nursing home staff may overlook or undertreat serious or emerging issues such as:
- Urinary tract infections (UTIs) that escalate to sepsis
- Pneumonia or respiratory infections
- Stroke symptoms or chest pain
- Severe dehydration
- Complications from falls or fractures
- Diabetic emergencies
- Worsening pressure ulcers that become infected
Left untreated or inadequately treated, these conditions can lead to permanent disability, systemic infection, organ failure, amputations, loss of independence, or death.
A Nationwide Nursing Home Issue with Serious Implications for Georgia Residents
Similar financial incentives have been shown to influence care decisions in eldercare facilities nationwide. Investigative reporting around nursing home–related programs has documented trends in which reduced hospital transfers were financially rewarded, sometimes at the expense of resident wellbeing. In some states, those incentives have been linked to wrongful death claims.
Legal Right to Return After Hospitalization
Georgia law protects a resident’s right to return to a bed in the nursing home after a hospital stay as long as payment (Medicaid or private) continues. While this right exists, families must remain vigilant, as facilities may still improperly deny readmission or delay appropriate transfers.
What Families Can Do to Protect Loved Ones
Before choosing a nursing home:
- Ask for the facility’s written bed hold policy and explain how hospital transfers are handled.
- Confirm the facility’s staffing levels and emergency response procedures.
- Ask how the staff determines when a hospital transfer is necessary.
- Find out who makes decisions about sending a resident to the hospital – nurses, physicians, or corporate administrators?
After admission:
- Visit regularly and ask specific questions about any changes in health status.
- Document any concerns you see, including delayed treatment requests or repeated assertions that “nothing can be done here.”
- If you believe serious medical care is needed, don’t hesitate to take your loved one to the ER yourself or contact EMS.
Prompt advocacy by a family member can be the difference between timely treatment and a preventable tragedy.
How Delays in Treatment Can Constitute Nursing Home Abuse or Neglect
Under Georgia law, nursing homes must provide reasonable care, treatment, and services tailored to the resident’s needs. Failure to do so, especially when it results in serious injury or death, may be neglect or abuse.
Examples of neglect include:
- Ignoring signs of infection or serious illness
- Failing to transfer a resident promptly to the hospital
- Withholding necessary medical treatment
- Delaying calling 911 until a condition worsens significantly
If a resident suffers a serious injury or dies because a facility delayed treatment to avoid losing Medicaid reimbursement, families may have grounds for a neglect or abuse lawsuit.
How Our Experienced Attorneys Can Help
At Blasingame, Burch, Garrard & Ashley, P.C., our nursing home abuse attorneys are dedicated to families whose loved ones have suffered serious injuries or wrongful death due to neglect or abuse. We provide:
- Free, compassionate case evaluations
- Review of medical records and facility policies
- Investigation with medical professionals and industry experts
- Identification of actionable neglect, abuse, or malpractice claims
- Representation through negotiation or trial
We handle only serious cases, situations where neglect or abuse lead to devastating injury or loss, not minor discomfort or care issues.
If you suspect your loved one was harmed because a nursing home delayed or withheld treatment, call us today at 706-354-4000 or submit a request through our contact form for a free, private consultation. There is never any cost unless we recover money for you in your case.
You don’t have to navigate this alone. We fight for justice and hold negligent and abusive nursing homes and their staff accountable when someone is seriously injured or killed.
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