Senate Bill S8764

2019-2020 Legislative Session

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

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Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2019-S8764 (ACTIVE) - Details

See Assembly Version of this Bill:
A10799
Current Committee:
Senate Rules
Law Section:
Public Health Law
Laws Affected:
Add §2803-z, amd §2803-c, Pub Health L
Versions Introduced in 2021-2022 Legislative Session:
S3058, A3919

2019-S8764 (ACTIVE) - Summary

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

2019-S8764 (ACTIVE) - Sponsor Memo

2019-S8764 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8764
 
                             I N  S E N A T E
 
                               July 14, 2020
                                ___________
 
 Introduced  by  Sens. RIVERA, KRUEGER -- read twice and ordered printed,
   and when printed to be committed to the Committee on Rules
 
 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
              

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