New York Nursing Homes Cannot Tell Patients They Only Provide “Short-Term” Service
According to the New York Department of Health, a growing number of New York nursing homes are illegally telling potential patients that their facility only provides short-term care. Under New York law, this is illegal – there is no such thing as a “short-term” nursing home. In order to be licensed by the state, the facility must provide both short-term and long-term skilled nursing care. Further, it is illegal to discriminate against residents that may have long-term needs.
New York Nursing Homes Cannot Discriminate on the Basis of Payment
According to the New York State Department of Health, a nursing home cannot discriminate based on an individual’s source of payment and must explicitly tell a patient of his or her right to nondiscriminatory treatment. Second, a nursing home cannot require a “third-party guarantee of payment as a condition of admission.” Third, a nursing home cannot require a potential resident to “waive his or her rights to Medicare or Medicaid” or “require verbal or written assurance that an individual is not eligible for, or will not apply for, Medicare or Medicaid Benefits.
New York Patients’ Rights to Transfer & Discharge
- The Right to Stay. New York Residents have the “Right to Stay” in the facility and cannot be discharged unless several narrow exceptions apply – including whether the transfer is necessary for the resident’s health, the safety of the resident is in danger, the resident has failed to pay after “reasonable and appropriate notice,” or if the facility ceases to operate.
- A patient has a Right to Appeal any transfer or discharge.
- A patient has a Right to Documentation whenever he or she is transferred – the documentation must include (1) the basis for transfer and (2) if the facility is stating that it cannot meet the resident’s needs then the facility must state the specific needs of the patient that cannot be satisfied.
- Lastly, a patient has a Right to Notice Before Transfer. A nursing home resident that is being transferred must be given (1) at least 30 days notice, (2) written in his or her language, and (3) the facility must also send a copy of the notice to the State Long-Term Care Ombudsman.