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NY A10799
Bill
Status
7/10/2020
Primary Sponsor
Andrew Hevesi
Click for details
AI Summary
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Prohibits residential health care facilities from transferring or discharging residents unless necessary for the resident's health, safety, or welfare; to preserve the health or safety of other residents; the facility closes; or the resident fails to pay, with limited exceptions.
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Requires facilities to use best efforts to secure appropriate placement for residents being transferred or discharged, and prohibits discharge to another person's home without written consent from the resident and that person, who must acknowledge receipt of a comprehensive discharge plan.
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Mandates at least 30 days' written notice prior to facility-initiated transfer or discharge to the resident, their representative, family member, and the long-term care ombudsman; notice may be less than 30 days only when the resident poses safety risks, provided as soon as practicable.
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Requires facilities to document in clinical records the specific unmet needs, attempts to address them, and available services at the receiving facility when transferring or discharging residents they cannot safely care for.
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Prohibits facilities from compelling residents to voluntarily transfer or discharge and requires notification to designated family members within 48 hours when residents initiate voluntary discharge, unless the resident requests otherwise.
Legislative Description
Establishes requirements for the transfer, discharge and voluntary discharge from residential health care facilities.
Last Action
ordered to third reading rules cal.363
7/23/2020