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DOH Adopts Regulations on Nursing Home Discharges to the Community

The Department of Health (DOH) adopted regulations effective Oct. 9th requiring nursing homes to provide information about home and community-based services (HCBS) and community transition programs to residents. The amendments to 10 NYCRR Sections 415.2 and 415.3 require that all nursing homes provide residents with information on services and programs that may be available to support the resident in returning to the community – including their right to live in the most integrated and least restrictive setting – upon admission.

DOH oversees and operates the federally funded Money Follows the Person program, which provides assistance and support to nursing home residents who wish to return to their community. Residents who express an interest are referred to the Local Contact Agency and connected with a transition specialist who can assist them with transitioning to community living.

The adopted regulation is part of a series of actions aimed at promoting community living options for New Yorkers. It will require all nursing homes to adopt, and make public, a statement of the rights and responsibilities of residents and that residents are made aware of their rights prior to, or at, their admission to a nursing home.

Per a previous memorandum prepared by LeadingAge NY counsel Hinman Straub, the regulation requires nursing homes to:

  • advise all residents, upon admission, of their right to live in the most integrated and least restrictive setting, with consideration for the resident’s medical, physical, and psychosocial needs;
  • provide all residents, upon admission, with information on HCBS and community transition programs;
  • refer all residents to the Local Contact Agency, or a community-based provider of the resident or designated representative’s choosing, whenever the resident requests information about returning to the community, or whenever the resident requests to talk to someone about returning to the community during any State or federally mandated assessment;
  • post in a public area of the facility, at wheelchair height, contact information for the Local Contact Agency;
  • have staff available to discuss options for discharge planning, with consideration for the resident’s medical, physical, and psychosocial needs; and
  • ensure that all discharge activities align with resident transfer and discharge rights.

Nursing homes will need to replace their existing resident rights materials with an amended version and replace existing signage with new signage that includes the amended residents’ rights as soon as the materials are available from DOH. Nursing homes may be subject to annual review to ensure compliance with this rule. LeadingAge NY will share more information as we receive it.

Contact: Dan Heim, dheim@leadingageny.org, 518-867-8866