Transfer and Discharge

Resident Rights

You have the right to:

  • transfer to another room in the facility if you wish;
  • be given 30 days notice before transfer or discharge, except in cases where the resident is at risk of harming themselves or others, when the resident could be discharged earlier;
  • file an appeal to the New York State Department of Health in response to an involuntary transfer or discharge, for which a hearing can be held under the auspices of the Department;
  • examine your own medical records;
  • remain in the facility pending the appeal determination;
  • a post-transfer hearing within 30 days of transfer if you did not request a hearing prior to transfer; if you win the appeal you will return to the first available bed in the facility;
  • retain your bed if you have been involuntarily transferred until after the appeal decision is reached;
  • information such as the name, address and telephone number of the New York State Department of Health, the New York State Long Term Care Ombudsman and the Commission on Quality of Care and Advocacy for Persons with Disabilities.

Nursing Home Responsibility

The nursing home may transfer or discharge you:

  • only after the interdisciplinary care team, in consultation with you, determines:
    1. that the transfer or discharge is necessary for your welfare and your needs cannot be met after reasonable attempts at accommodation at the facility;
    2. that the transfer or discharge is appropriate because your health has improved sufficiently to the point where you no longer need the services provided by the facility;
    3. your health or safety or the health or safety of other individuals in the facility would otherwise be endangered and all reasonable alternatives to transfer or discharge have been explored and have failed to safely address the problem;
  • when you have failed to pay for a stay at the facility after having received reasonable and appropriate notice from the facility or to have paid under Medicare, Medicaid or third-party insurance. For failure to pay, such transfer or discharge is permissible only if:
    1. a charge is not in dispute;
    2. no appeal of a denial of benefits is pending; or
    3. funds for payment are available, but you refuse to cooperate with the facility in obtaining them;
  • when it discontinues operation and has received approval of its plan of closure from the New York State Department of Health.

The nursing home must:

  • inform you and your designated representative, verbally and in writing, about bed reservation and readmission regulations at the time of your admission to the facility and again at the time of your transfer for any reason and/or for therapeutic leave;
  • readmit you, if you have been in residence at least 30 days, as soon as the first bed becomes available in a semi-private room if you were hospitalized, transferred or discharged on therapeutic leave without being given a bed hold when you require the services provided by the facility and are eligible for Medicaid;
  • completely document in your clinical records the reasons for the move;
  • before transferring or discharging you, notify you and a family member or designated representative both verbally and in writing (in a language and manner you understand) of the transfer or discharge and the reasons for it;
  • include in its written notice of transfer or discharge to you the following:
    1. a statement about your right to appeal to the New York State Department of Health, including the telephone number for the Department that can initiate an appeal;
    2. the name, address and telephone number of the state long term care ombudsman;
    3. if you are mentally ill or developmentally disabled, the mailing address and telephone number of the Commission on Quality of Care and Advocacy for Persons with Disabilities, the agency that can advocate for you;
  • provide its notice of transfer or discharge to you at least 30 days prior to the expected date of transfer or discharge or, provide its notice to you as soon as practicable before transfer or discharge when:
    1. the health or safety of individuals in the facility would be endangered;
    2. your health improves sufficiently to allow a more immediate transfer or discharge;
    3. an immediate transfer or discharge is required by your urgent medical needs; or
    4. the transfer or discharge is made in compliance with your request;
  • provide sufficient preparation and orientation to you to ensure safe and orderly transfer or discharge from the facility, including an opportunity for you to participate in deciding where to go;
  • provide information to assist you in appealing a transfer or discharge by:
    1. seeing to it that you contact the appropriate state agency;
    2. calling upon your doctor and the facility staff to help you in examining and reviewing your medical records;
    3. working with the New York State Department of Health to make certain that the appeals determination is held, and that you are present if you desire;