Assembly Bill A10799

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10799
 
                           I N  A S S E M B L Y
 
                               July 10, 2020
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16922-01-0

 A. 10799                            2

 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.