§ 2803-m. Discharge of hospital patients to adult homes. (1) A patient
about to be discharged as an inpatient from a hospital as defined in
section twenty-eight hundred one of this article to an adult home,
enriched housing program or residence for adults as defined in section
two of the social services law, shall be referred only to such home,
program or residence that is consistent with that patient's needs and
that operates pursuant to section four hundred sixty of the social
services law. No patient shall be directly referred to any facility that
is on the "do not refer list" pursuant to subdivision fifteen of section
four hundred sixty-d of the social services law; provided, however, that
any patient who was a resident of an adult care facility at the time of
his or her admission to the hospital shall be permitted to return to
such adult care facility regardless of the status of its operating
certificate.

(2) No patient about to be discharged as an inpatient from a hospital
shall be referred to any adult home, enriched housing program or
residence for adults, as defined in section two of the social services
law, where the hospital has received a written notice pursuant to
subdivision eleven of section four hundred sixty-d of the social
services law that such home or residence is subject to enforcement
actions by the department; provided, however, that any patient who was a
resident of an adult care facility at the time of his or her admission
to the hospital shall be permitted to return to such adult care facility
regardless of any enforcement actions. Referrals may resume when such
enforcement actions are resolved.