STATE OF NEW YORK
________________________________________________________________________
3058
2021-2022 Regular Sessions
IN SENATE
January 27, 2021
___________
Introduced by Sens. RIVERA, KRUEGER -- read twice and ordered printed,
and when printed to be committed to the Committee on Health
AN ACT to amend the public health law, in relation to establishing
requirements for the transfer, discharge and voluntary discharge from
residential health care facilities
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The public health law is amended by adding a new section
2 2803-z to read as follows:
3 § 2803-z. Transfer, discharge and voluntary discharge requirements for
4 residential health care facilities. 1. (a) No residential health care
5 facility shall transfer or discharge a resident unless such transfer or
6 discharge is necessary for the resident's health, safety, or welfare,
7 such transfer or discharge is necessary to preserve the health, safety,
8 or welfare of other residents, the facility discontinues operation or
9 the resident has failed to pay or make arrangements for payment for a
10 stay at the facility, unless stated otherwise by this section.
11 (b) Prior to a facility initiating a transfer or discharge of a resi-
12 dent, the facility shall use its best efforts, including compliance with
13 applicable federal and state regulations, to secure appropriate place-
14 ment or a residential arrangement for the resident, other than temporary
15 housing assistance. For purposes of this section, "temporary housing
16 assistance" shall include but not be limited to a family shelter, a
17 shelter for adults, a hotel, an emergency apartment, a domestic violence
18 shelter, or a safe house for refugees. No residential health care facil-
19 ity shall initiate a transfer or discharge of a resident to the home of
20 another individual without the written consent of the resident and the
21 other individual and the other individual has received and acknowledged
22 the comprehensive discharge plan to address the resident's needs.
23 (c) At least thirty days prior to a facility-initiated transfer or
24 discharge, the residential health care facility shall provide written
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01778-01-1
S. 3058 2
1 notification of the transfer or discharge to the resident, the resi-
2 dent's lawful representative, if any, a family member of the resident,
3 if known, and the long-term care ombudsman under section two hundred
4 eighteen of the elder law. The notification shall be in a language and
5 manner that is understandable to the resident and shall state the basis
6 for the transfer or discharge, which shall be recorded in the resident's
7 clinical record.
8 (d) A resident may be transferred or discharged if the facility is
9 unable to meet the needs of the resident. In that case, the resident's
10 clinical record shall document (i) the specific need or needs that
11 cannot be met, (ii) the facility's attempts to meet the resident's
12 needs, and (iii) the services available at the receiving facility.
13 (e) When a resident is being transferred or discharged because the
14 resident cannot be cared for safely, or is a danger to others, prior
15 notice may be provided less than thirty days prior to the transfer or
16 discharge but shall be provided as soon as practicable prior to transfer
17 or discharge. The facility shall document in the resident's clinical
18 record the risks to the resident or others if the resident were to
19 remain in the facility.
20 (f) A residential health care facility may transfer or discharge a
21 resident because the resident does not need residential health care
22 facility services.
23 2. Where the resident's transfer or discharge is initiated by the
24 resident and the clinical record notes that a family member or desig-
25 nated representative has requested notification, and such notification
26 is otherwise lawful, the residential health care facility shall notify
27 the family member or designated representative of the resident's volun-
28 tary transfer or discharge as soon as practicable after the resident
29 initiates the voluntary transfer or discharge process and in no event
30 more than forty-eight hours thereafter. The notice shall not be provided
31 if the resident specifically requests that the family member or desig-
32 nated representative not be notified.
33 3. A residential health care facility shall not compel or attempt to
34 compel an individual to voluntarily transfer or discharge from the
35 facility.
36 § 2. Subdivision 3 of section 2803-c of the public health law is
37 amended by adding a new paragraph r to read as follows:
38 r. Every patient shall have the right to remain in care unless the
39 patient is appropriately discharged or transferred in accordance with
40 section two thousand eight hundred three-z of this article and a resi-
41 dential health care facility shall not attempt to compel or retaliate
42 against an individual that chooses to remain in care.
43 § 3. This act shall take effect immediately.
