NY Pub Health L § 2803-Z (2021)
2021 New York Laws PBH - Public Health Article 28 - Hospitals 2803-Z - Transfer, Discharge and Voluntary Discharge Requirements for Residential Health Care Facilities.

§ 2803-z. Transfer, discharge and voluntary discharge requirements for residential  health  care  facilities. 1. (a) No residential health care facility shall transfer or discharge a resident unless such transfer  or discharge  is  necessary  for the resident's health, safety, or welfare, such transfer or discharge is necessary to preserve the health,  safety, or  welfare  of  other residents, the facility discontinues operation or the resident has failed to pay or make arrangements for  payment  for  a stay at the facility, unless stated otherwise by this section.  (b)  Prior  to  a  facility  initiating  a  transfer or discharge of a resident, the facility shall use its best efforts, including  compliance with  applicable  federal  and  state regulations, to secure appropriate placement or a residential arrangement  for  the  resident,  other  than temporary  housing  assistance. For purposes of this section, "temporary housing assistance" shall  include  but  not  be  limited  to  a  family shelter,  a  shelter  for  adults,  a  hotel,  an emergency apartment, a domestic violence shelter, or a safe house for refugees. No  residential health  care  facility  shall  initiate  a  transfer  or  discharge of a resident to the home of another individual without the  written  consent of  the  resident  and the other individual and the other individual has received and acknowledged the comprehensive discharge  plan  to  address the resident's needs.  (c)  At  least  thirty  days prior to a facility-initiated transfer or discharge, the residential health care facility  shall  provide  written notification   of  the  transfer  or  discharge  to  the  resident,  the resident's lawful  representative,  if  any,  a  family  member  of  the resident,  if  known, and the long-term care ombudsman under section two hundred eighteen of the elder  law.  The  notification  shall  be  in  a language  and  manner  that  is understandable to the resident and shall state the basis for the transfer or discharge, which shall  be  recorded in the resident's clinical record.  (d)  A  resident  may  be transferred or discharged if the facility is unable to meet the needs of the resident. In that case,  the  resident's clinical  record  shall  document  (i)  the  specific need or needs that cannot be met, (ii) the  facility's  attempts  to  meet  the  resident's needs, and (iii) the services available at the receiving facility.  (e)  When  a  resident  is being transferred or discharged because the resident cannot be cared for safely, or is a  danger  to  others,  prior notice  may  be  provided less than thirty days prior to the transfer or discharge but shall be provided as soon as practicable prior to transfer or discharge. The facility shall document  in  the  resident's  clinical record  the  risks  to  the  resident  or others if the resident were to remain in the facility.  (f) A residential health care facility may  transfer  or  discharge  a resident  because  the  resident  does  not need residential health care facility services.   2. Where the resident's transfer or  discharge  is  initiated  by  the resident  and  the  clinical  record  notes  that  a  family  member  or designated  representative  has   requested   notification,   and   such notification  is  otherwise lawful, the residential health care facility shall notify the family  member  or  designated  representative  of  the resident's  voluntary transfer or discharge as soon as practicable after the resident initiates the voluntary transfer or discharge  process  and in no event more than forty-eight hours thereafter. The notice shall not be provided if the resident specifically requests that the family member or designated representative not be notified.   3.  A  residential health care facility shall not compel or attempt to compel an individual to  voluntarily  transfer  or  discharge  from  the facility.  In  the  event  a  resident  seeks  a  voluntary  transfer or  discharge, the facility  shall  document,  as  part  of  the  resident's medical  records,  the  reason  the  resident  is  seeking a transfer or discharge. If the resident declines to provide a  reason,  the  facility shall document that in the resident's medical record.   4.  Nothing  in  this  section  shall  diminish a resident's rights to independent personal decisions and knowledge of available  choices,  nor shall  it diminish the facility's responsibility to encourage and assist in the fullest possible exercise  of  those  rights  under  section  two thousand eight hundred three-c of this article, or other applicable law.