assembly Bill A10799

2019-2020 Legislative Session

Relates to establishing requirements for the transfer, discharge and voluntary discharge from residential health care facilities

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Archive: Last Bill Status - On Floor Calendar


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 23, 2020 ordered to third reading rules cal.363
rules report cal.363
reported
Jul 17, 2020 reported referred to rules
Jul 13, 2020 reported referred to codes
Jul 10, 2020 referred to health

A10799 (ACTIVE) - Details

See Senate Version of this Bill:
S8764
Law Section:
Public Health Law
Laws Affected:
Add §2803-z, amd §2803-c, Pub Health L
Versions Introduced in 2021-2022 Legislative Session:
A3919, S3058

A10799 (ACTIVE) - Summary

Establishes requirements for the transfer, discharge and voluntary discharge from residential health care facilities.

A10799 (ACTIVE) - Bill Text download pdf


                    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