N.Y. Comp. Codes R. & Regs. tit. 18 § 489.8

Current through Register Vol. 46, No. 25, June 18, 2024

Section 489.8 - Discharge and transfer

(a) Every resident shall have the right to discharge himself/herself from a family-type home.

(b) An operator may discharge a resident only under the terms set forth in the admission agreement, or as required by this section.

(c) When a resident develops a medical condition which requires immediate or continual skilled medical and nursing services which cannot be provided on an outpatient basis, or which constitutes a serious and present danger to other residents, arrangements shall be made by the operator for transfer of such resident to an appropriate medical facility.

(d) In the event that a resident exhibits behavior that constitutes a danger to self or others, the operator shall arrange for appropriate professional evaluation of the resident's condition, and, if necessary, transfer of the resident to a facility providing the proper level of care.

(e) Discharge or transfer required in accord with subdivisions (c) and (d) of this section may be made without regard to the requirements for notice stipulated in the admission agreement.

(f) When a resident is involuntarily discharged or transferred, except as set forth in subdivisions (c) and (d) of this section, the operator shall provide at least 30 days prior written notification to the resident, resident's representative, or next-of-kin, if known, and the local department of social services. The written notice shall state the date of notice, date of discharge, reason(s) for discharge, and the phone number of the local department of social services along with a statement indicating that the local department may be used as resource in locating another placement.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 489.8

Amended New York State Register December 23, 2015/Volume XXXVII, Issue 51, eff. 12/23/2015