Dear Administrator Letter on Residents’ Rights-Community Placement

On Oct. 11, 2019, the Department of Health (DOH) issued a Dear Administrator Letter (DAL) related to the requirement for nursing homes to provide information about home and community-based services (HCBS) and community transition programs to residents.

The DAL states:

Effective October 9, 2019, upon the rule’s publication in the State Register, nursing homes will be required to ensure that all residents and/or their designated representatives are provided information on home and community-based services and community transition programs that may be available to support them in returning to the community.

Nursing homes will be required to notify all residents upon admission of their right to live in the most integrated and least restrictive setting and are expected to make a referral to the Local Contact Agency at any time the resident and/or designated representative requests to speak to someone about returning to the community.

Please note that the nursing home must post the contact information for the Local Contact Agency for their area in a prominent area in the facility.

For more information, please refer to our recent Intelligence article, DOH Adopts Regulations on Nursing Home Discharges to the Community.

Contact: Mary Wassel, mwassel@leadingageny.org, 518-728-2365