§ 2803-Z — Transfer, discharge and voluntary discharge requirements for residential health care facilities

* § 2803-z. Transfer, discharge and voluntary discharge requirements\nfor residential health care facilities. 1. (a) No residential health\ncare facility shall transfer or discharge a resident unless such\ntransfer or discharge is necessary for the resident's health, safety, or\nwelfare, such transfer or discharge is necessary to preserve the health,\nsafety, or welfare of other residents, the facility discontinues\noperation or the resident has failed to pay or make arrangements for\npayment for a stay at the facility, unless stated otherwise by this\nsection.\n (b) Prior to a facility initiating a transfer or discharge of a\nresident, the facility shall use its best efforts, including compliance\nwith applicable federal and state regulations, to secure appropriate\nplacement or a residential arrangement for the resident, other than\ntemporary housing assistance. For purposes of this section, "temporary\nhousing assistance" shall include but not be limited to a family\nshelter, a shelter for adults, a hotel, an emergency apartment, a\ndomestic violence shelter, or a safe house for refugees. No residential\nhealth care facility shall initiate a transfer or discharge of a\nresident to the home of another individual without the written consent\nof the resident and the other individual and the other individual has\nreceived and acknowledged the comprehensive discharge plan to address\nthe resident's needs.\n (c) At least thirty days prior to a facility-initiated transfer or\ndischarge, the residential health care facility shall provide written\nnotification of the transfer or discharge to the resident, the\nresident's lawful representative, if any, a family member of the\nresident, if known, and the long-term care ombudsman under section two\nhundred eighteen of the elder law. The notification shall be in a\nlanguage and manner that is understandable to the resident and shall\nstate the basis for the transfer or discharge, which shall be recorded\nin the resident's clinical record.\n (d) A resident may be transferred or discharged if the facility is\nunable to meet the needs of the resident. In that case, the resident's\nclinical record shall document (i) the specific need or needs that\ncannot be met, (ii) the facility's attempts to meet the resident's\nneeds, and (iii) the services available at the receiving facility.\n (e) When a resident is being transferred or discharged because the\nresident cannot be cared for safely, or is a danger to others, prior\nnotice may be provided less than thirty days prior to the transfer or\ndischarge but shall be provided as soon as practicable prior to transfer\nor discharge. The facility shall document in the resident's clinical\nrecord the risks to the resident or others if the resident were to\nremain in the facility.\n (f) A residential health care facility may transfer or discharge a\nresident because the resident does not need residential health care\nfacility services.\n 2. Where the resident's transfer or discharge is initiated by the\nresident and the clinical record notes that a family member or\ndesignated representative has requested notification, and such\nnotification is otherwise lawful, the residential health care facility\nshall notify the family member or designated representative of the\nresident's voluntary transfer or discharge as soon as practicable after\nthe resident initiates the voluntary transfer or discharge process and\nin no event more than forty-eight hours thereafter. The notice shall not\nbe provided if the resident specifically requests that the family member\nor designated representative not be notified.\n 3. A residential health care facility shall not compel or attempt to\ncompel an individual to voluntarily transfer or discharge from the\nfacility. In the event a resident seeks a voluntary transfer or\ndischarge, the facility shall document, as part of the resident's\nmedical records, the reason the resident is seeking a transfer or\ndischarge. If the resident declines to provide a reason, the facility\nshall document that in the resident's medical record.\n 4. Nothing in this section shall diminish a resident's rights to\nindependent personal decisions and knowledge of available choices, nor\nshall it diminish the facility's responsibility to encourage and assist\nin the fullest possible exercise of those rights under section two\nthousand eight hundred three-c of this article, or other applicable law.\n * NB There are 2 § 2803-z's\n