DOH Releases Translations of Nursing Home Resident Rights
The Department of Health (DOH) has made available translations of the Nursing Home Resident Rights in the 10 most commonly spoken non-English languages in New York State. The English version and translations are available here. Under amendments to Public Health Law (PHL) 2803-c that took effect on April 20, 2022, nursing homes must "post and make available copies of said statement for residents." The law requires posting "conspicuously in a public place."
Facilities have asked whether translations in all 10 non-English languages must be physically posted. The Dear Administrator Letter (DAL) released with the translations states: "Each facility is required to post and make available such translation to residents." This suggests that translations in all 10 languages must be posted; however, LeadingAge NY will follow up with DOH to determine whether posting in English is permissible with translations made easily accessible. Under previously enacted legislation, the Resident Rights must also be provided to each resident "at or prior to the time of admission to the facility, or to the appointed personal representative at the time of appointment and to each member of the facility's staff."
In addition to translations of the Resident Rights, DOH has made available a Discharge Notice Template in the 10 most common non-English languages that facilities may choose to use. According to the DAL, when a resident is given a notice of involuntary transfer or discharge, facilities must also provide the Nursing Home Legal Services Agencies and Community Resources Providing Resident Advocacy Services Guide. This document must also be provided upon admission and upon request with the Resident Rights pamphlet.
The DAL also references new requirements enacted at PHL 2803-c-1 that require nursing homes to post in a conspicuous place and provide each member of the facility’s staff and each resident and their appointed personal representative, at or prior to the time of admission or at the time of the representative’s appointment:
- Contact information for the state and relevant regional office of the Long-Term Care Ombudsman Program; and
- Contact information for the DOH nursing home complaint hotline.
Contact information for the state and relevant regional offices of the Ombudsman Program must also be provided to residents and their appointed personal representatives twice annually. The contact information for the Ombudsman Program is available here.
Nursing homes will recall that this DAL was initially released on May 2nd without the translations. An updated DAL was issued on May 9th with a link to the translated documents. Questions or comments on the DAL may be submitted to DOH here.
Contact: Karen Lipson, klipson@leadingageny.org, 518-867-8838