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DOH Issues DAL Regarding Transitional Adult Home Court Decision

The Department of Health (DOH) has issued a Dear Administrator Letter (DAL) announcing that a decision has been rendered by the court in the case of Doe v. Zucker, et al., regarding Transitional Adult Home regulations. The DAL states that as a result of the decision, effective immediately, the provisions of Title 18 of the New York Code of Rules and Regulations (NYCRR) Part 487 that were temporarily restrained and enjoined are in full effect and enforceable. DOH notes that discharged residents with Serious Mental Illness may express a desire for admission to a Transitional Adult Home and outlines a waiver request process for such circumstances in the DAL.

Those facilities defined as a Transitional Adult Home per 18 NYCRR §487.13(b)(1) must submit or revise and submit the facility’s compliance plan, with appropriate timeframes, no later than Feb. 21, 2019. All compliance plan submissions and/or questions regarding this correspondence should be sent to DOH via email to transitionalah@health.ny.gov. A list of Transitional Adult Homes as of December 2018 can be found here.

Contact: Diane Darbyshire, ddarbyshire@leadingageny.org, 518-867-8828