N.Y. Public Health Law 2803-M – Discharge of hospital patients to adult homes
§ 2803-m. Discharge of hospital patients to adult homes. (1) A patient about to be discharged as an inpatient from a hospital as defined in section twenty-eight hundred one of this article to an adult home, enriched housing program or residence for adults as defined in § 2 of the social services law, shall be referred only to such home, program or residence that is consistent with that patient's needs and that operates pursuant to § 460 of the social services law. No patient shall be directly referred to any facility that is on the "do not refer list" pursuant to subdivision fifteen of § 460-d of the social services law; provided, however, that any patient who was a resident of an adult care facility at the time of his or her admission to the hospital shall be permitted to return to such adult care facility regardless of the status of its operating certificate.
Terms Used In N.Y. Public Health Law 2803-M
- Hospital: means a facility or institution engaged principally in providing services by or under the supervision of a physician or, in the case of a dental clinic or dental dispensary, of a dentist, or, in the case of a midwifery birth center, of a midwife, for the prevention, diagnosis or treatment of human disease, pain, injury, deformity or physical condition, including, but not limited to, a general hospital, public health center, diagnostic center, treatment center, a rural emergency hospital under 42 USC 1395x(kkk), or successor provisions, dental clinic, dental dispensary, rehabilitation center other than a facility used solely for vocational rehabilitation, nursing home, tuberculosis hospital, chronic disease hospital, maternity hospital, midwifery birth center, lying-in-asylum, out-patient department, out-patient lodge, dispensary and a laboratory or central service facility serving one or more such institutions, but the term hospital shall not include an institution, sanitarium or other facility engaged principally in providing services for the prevention, diagnosis or treatment of mental disability and which is subject to the powers of visitation, examination, inspection and investigation of the department of mental hygiene except for those distinct parts of such a facility which provide hospital service. See N.Y. Public Health Law 2801
(2) No patient about to be discharged as an inpatient from a hospital shall be referred to any adult home, enriched housing program or residence for adults, as defined in § 2 of the social services law, where the hospital has received a written notice pursuant to subdivision eleven of § 460-d of the social services law that such home or residence is subject to enforcement actions by the department; provided, however, that any patient who was a resident of an adult care facility at the time of his or her admission to the hospital shall be permitted to return to such adult care facility regardless of any enforcement actions. Referrals may resume when such enforcement actions are resolved.