S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3919
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2021
                                ___________
 
 Introduced by M. of A. HEVESI -- read once and referred 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:
 
   Section 1. The public health law is amended by adding  a  new  section
 2803-z to read as follows:
   § 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 RESI-
 DENT, THE FACILITY SHALL USE ITS BEST EFFORTS, INCLUDING COMPLIANCE WITH
 APPLICABLE FEDERAL AND STATE REGULATIONS, TO SECURE  APPROPRIATE  PLACE-
 MENT 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 FACIL-
 ITY  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01778-01-1

 A. 3919                             2
 
 NOTIFICATION OF THE TRANSFER OR DISCHARGE TO  THE  RESIDENT,  THE  RESI-
 DENT'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 DESIG-
 NATED 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  VOLUN-
 TARY  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 DESIG-
 NATED 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.
   § 2. Subdivision 3 of section 2803-c  of  the  public  health  law  is
 amended by adding a new paragraph r to read as follows:
   R.  EVERY  PATIENT  SHALL  HAVE THE RIGHT TO REMAIN IN CARE UNLESS THE
 PATIENT IS APPROPRIATELY DISCHARGED OR TRANSFERRED  IN  ACCORDANCE  WITH
 SECTION  TWO  THOUSAND EIGHT HUNDRED THREE-Z OF THIS ARTICLE AND A RESI-
 DENTIAL HEALTH CARE FACILITY SHALL NOT ATTEMPT TO  COMPEL  OR  RETALIATE
 AGAINST AN INDIVIDUAL THAT CHOOSES TO REMAIN IN CARE.
   § 3. This act shall take effect immediately.