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A03919 Summary:

COSPNSRGottfried, Weinstein, Barron, Meeks, Bronson, Dinowitz, Gonzalez-Rojas, Anderson, Steck, Fall, Epstein, Otis, Sayegh, Stirpe, Woerner, Stern, Sillitti, Simon, Glick, Vanel, Lunsford, Cahill, Rosenthal L, Pichardo, Richardson, Zebrowski, Thiele, Williams, Bichotte Hermelyn, Abbate, Carroll, Lupardo, Abinanti, Gallagher, Forrest, Cruz, Nolan, Clark, Jackson, Perry, Peoples-Stokes, Hunter, Santabarbara, Griffin, Jacobson, Zinerman, Reyes, Kelles
Add §2803-z, amd §2803-c, Pub Health L
Establishes requirements for the transfer, discharge and voluntary discharge from residential health care facilities.
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A03919 Actions:

01/29/2021referred to health
02/24/2021reported referred to codes
03/01/2021reported referred to rules
03/02/2021rules report cal.24
03/02/2021ordered to third reading rules cal.24
03/04/2021substituted by s3058
 02/09/20211ST REPORT CAL.354
 02/10/20212ND REPORT CAL.
 02/22/2021PASSED SENATE
 02/22/2021referred to health
 03/04/2021substituted for a3919
 03/04/2021ordered to third reading rules cal.24
 03/04/2021passed assembly
 03/04/2021returned to senate
 03/19/2021SIGNED CHAP.80
 03/19/2021APPROVAL MEMO.2
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A03919 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
  TITLE OF BILL: 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   PURPOSE: This bill will ensure the safety and appropriate discharge or transfer of individuals from residential health care facilities.   SUMMARY OF PROVISIONS: Section 1 of the bill would amend Article 28 of the public health law by adding a new section 2803-z. This section would include various require- ments necessary prior to an individual being transferred or discharged from a residential health care facility. Section 2 of the bill amends section 2803-c of public health law adding an additional affirmative right for patients in residential health care facilities. Section 3 of the bill is the effective date, which is immediately.   JUSTIFICATION: According to a New York Times article, published June 21, 2020, residen- tial health care facilities around the country were inappropriately releasing residents to homeless shelters and other inappropriate locations, despite the fact that the homeless shelters and other locations were not adequately equipped to continue care for these indi- viduals. New York regulation and federal law currently requires various steps to be taken to ensure the safety and appropriate discharge of individuals from residential health care facilities. Unfortunately, it seems that some facilities have either not appropriately complied with these requirements, or were taking advantage of potential loop holes in the system, and the vulnerable populations they serve. This bill would codify NY regulations and federal law as it relates to the transfer and discharge of patients from residential health care facilities as well as put in affirmative language which would reduce the ability of these facilities to try and coax residents to agree to leave, despite the continued need for care.   LEGISLATIVE HISTORY: 2019-2020: A.10799   BUDGET IMPLICATIONS: Undetermined.   EFFECTIVE DATE: Immediately.
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A03919 Text:

                STATE OF NEW YORK
                               2021-2022 Regular Sessions
                   IN ASSEMBLY
                                    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:
     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.

        A. 3919                             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.
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