N.Y. Comp. Codes R. & Regs. tit. 18 § 491.15

Current through Register Vol. 46, No. 45, November 2, 2024

Section 491.15 - Involuntary discharge and transfer

(a)Involuntary discharge.

An operator of a shelter for adults, a small-capacity shelter, or a shelter for adult families, with approval of the social services district, may discharge an individual resident and/or adult family under the terms set forth in the facility rules or when the resident individual's or family's failure to comply with public assistance and care requirements, including those set forth in section 352.35 of this Title, has resulted in sanctions being imposed by the social services district, or when the social services district has determined the resident individual or family to be ineligible and has discontinued or denied temporary housing assistance.

(1) A decision to involuntarily discharge an individual resident or adult family residing in any shelter for adults, small-capacity shelter, or shelter for adult families involuntarily may be challenged in a fair hearing requested pursuant to Part 358 of this Title, and the individual resident or adult family may have the right to receive aid continuing pursuant to section 358-3.6 of this Title if a fair hearing is requested in timely fashion.

(2) An individual resident or adult family may not be involuntarily discharged from a shelter for adults, small-capacity shelter, or shelter for adult families until the following procedures are observed:

(i) the individual resident or adult family has been given written notice on a form prescribed by the office of the discharge decision and of the reasons therefor, which shall include a statement that the individual resident or adult family may request a fair hearing in which to challenge the discharge decision, and shall describe how a fair hearing may be requested and obtained;

(ii) the individual resident or adult family's need for protective services for adults, preventive services, or for other social services has been evaluated and an appropriate referral has been made if necessary; and

(iii) if criminal activity may have occurred, the appropriate law enforcement agency has been contacted.

(3) An individual resident or adult family who has requested a fair hearing and who is found by the fair hearing decision to have been wrongfully discharged from a shelter for adults, a small-capacity shelter, or a shelter for adult families must be offered an opportunity to return to the facility from which the individual resident or adult family was discharged as soon as an appropriate vacancy becomes available. No such opportunity may be offered if the individual resident or adult family no longer meets the requirements for residency in a shelter for adults, a small-capacity shelter, or a shelter for adult families or if the individual or family has obtained permanent housing.

(4) After receiving notification from the social services district of the social services district's intention to discontinue temporary housing assistance pursuant to the provisions of section 352.35 of this Title, an individual resident or adult family may not be involuntarily discharged pursuant to the provisions of this subdivision without the approval of the social services district.

(b)Involuntary transfers.

An individual resident or an adult family residing in any shelter for adults, small-capacity shelter, or shelter for adult families may be transferred upon at least 48 hours advanced written notice to another appropriate shelter facility, provided, however, that such 48 hours advanced written notice shall not be required where a delay will pose a risk to the health or safety of such individual or adult family, or to others in the facility. In the event of transfer to a health, mental health or other facility, the operator shall send identifying information and identification of the resident's representative and physician, if available.

(c) At the time of discharge or transfer, but in no case more than 72 hours after leaving the facility, the resident, representative or other appropriate individual or agency shall be:

(1) provided a final written accounting of any resident accounts;

(2) provided a check for the outstanding balance, if any; and

(3) returned any monies, property or things of value held in trust or in custody by the operator.

(d) The operator shall return to the resident, representative or other appropriate individual or agency any monies, property or items of value which come into the possession of the operator after discharge or transfer.

(e) Upon the death of a resident, a final statement of the resident's accounts shall be made and all remaining funds, property or items of value shall be transferred to the resident's estate or to the appropriate State or local authority.

(f) The social services district must maintain a written record of all discharges and involuntary transfers.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 491.15

Amended New York State Register December 11, 2019/Volume XLI, Issue 50, eff. 1/1/2020