Update: The implementation date for the "look back" has been extended from July 1, 2021…
Under New York law, there are just (6) ways in which a nursing home may discharge a patient from their facility.
1. The patient’s health improved and care at the facility is no longer essential.
2. The discharge is necessary for the resident’s well-being as the facility is unable to adequately address his or her needs.
3. The patient needs to be discharged for the safety of individuals in the facility.
4. The patient must be discharged because the health of others in the facility could be endangered.
5. Non-payment after adequate and appropriate notice to the responsible parties.
6. The facility is closing and has received approval of its plan of closure from the New York State Department of Health.
Before a discharge can occur, the nursing home must provide adequate verbal and written notice to the patient’s legal representative or immediate family within 30 days of the transfer/discharge. If the discharge or transfer is due to health and/or safety reasons, then the verbal and written notice must be provided as soon as practically possible. Federal law requires the discharge notice to provide the specific regulation that supports the action taken by the facility along with the reason for the discharge/transfer, the effective date, the location of the discharge, information regarding the right to appeal the decision, and the contact information for the State Long Term Care Ombudsman program.
If you file a timely appeal, you have the right to remain in the facility until a final decision is made.