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 section

two 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 section four hundred sixty 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 section

four hundred sixty-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.

(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 section two of the social services

law, where the hospital has received a written notice pursuant to

subdivision eleven of section four hundred sixty-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.