DAL 16-11: Adult Care Facility Do Not Refer List

June 16, 2016


Dear Chief Executive Officer:

This letter is to inform you of the availability of information critical to the safe discharge of patients from hospitals to adult care facilities (ACFs), called the "Adult Care Facility Do Not Refer List." Hospitals must not refer patients to facilities on this list. The "Do Not Refer List" also serves as written notice to the Office of Mental Health, Department of Correctional Services, State Division of Parole, other state entities, local social services districts in the area in which the Adult Care Facility is located, and the general public.

ACFs are long-term residential facilities licensed by the Department of Health (Department) and encompass adult homes, enriched housing programs, assisted living programs and assisted living residences. They provide room and board, personal care services, case management, activities and supervision in a non-medical setting.

Section 460-d (11-15) of Social Services Law requires the Department to create and maintain this list of ACFs that have closed, or that have received written notice of 1) an enforcement action based on violation of an applicable law or regulation that endangers resident health or safety, 2) pending enforcement action against a facility's operating certificate, or 3) a determination that the facility is operating as an ACF without a license. Changes to the list are made on an as-needed basis.

The "Do Not Refer List" can be accessed by clicking onto the Department's public website at: http://www.health.ny.gov/facilities/adult_care/docs/acf_do_not_refer_list.pdf or by logging into the Department's Health Commerce System at: https://commerce.health.state.ny.us.

The "Do Not Refer List" includes three reasons that identify those ACFs that are prohibited from hospital referral. The following describes the reasons:

  • Referral Suspension: The Department has initiated action against the operating certificate.
  • Closed Facilities: These facilities are closed or are closing.
  • Uncertified Facility: These facilities are neither licensed nor certified by the Department or other state agencies or departments. These facilities are also referred to as "Questionable Operations."

Additionally, you may access information about ACFs that were inspected during any quarter since January 2002, and have violations that may lead to enforcement by the Department. Hospitals may refer patients to these facilities. "Adult Home Quarterly Survey Reports" are available by clicking on the following link: http://www.health.ny.gov/facilities/adult_care/reports.htm.

The Department will update the list as needed. Discharge personnel in hospitals should become accustomed to referencing the list to obtain the most current status of adult homes prior to making a patient referral. This action will ensure the safe placement of patients in eligible adult care facilities.

Should you have questions about the "Do Not Refer" List, please contact the Division of Hospitals and Diagnostic & Treatment Centers at (518) 402-1004 or by email at hospinfo@health.ny.gov.


Ruth Leslie
Division of Hospitals and Diagnostic & Treatment Centers