The draft regulations indicate that an individual would be discharged if hospitalized or incarcerated for 31 days.  This would limit our ability to support with discharge planning and continuity of care to help these individuals transition back into the community.  Please consider aligning this criteria with the current ACT regulations, which state "Incarceration of the individual for a period to exceed a year or long term hospitalization (more than one year)".  We understand that we cannot bill while they are hospitalized/incarcerated, but discharging them after 31 days would be detrimental in most cases.