Acute Rehabilitiation Interrupted Stay Compliance

When a Acute rehabilitation hospital transfers a patient at 11:45pm to an acute hospital ED.  The Acute hospital ED sends back to Acute rehab the next morning say 8:00am.  Who is responsible for the bill.  Acute Rehab says they will add one LOA (interrupted stay) day to their UB and we can bill the outpatient ED visit.  This to me seems like a compliance issue.  Thoughts?

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