CMS Compliance Group

New York NH & ACF Provider Alert – Resident Rights

On March 18, 2024, the New York State Department of Health (NYSDOH) issued new DALs for nursing home and adult care facility providers, “Long-Term Care Facility Residents’ Bill of Rights Amendment.”

Effective May 28, 2024, Public Health Law section 2803-c-2 establishes that it is unlawful for a nursing home or adult care facility to take/fail to take certain actions (wholly or partially) based on a resident’s:

For these individuals, the new guidance states that New York NHs/ACFs may not:

The document states that these provisions do not apply where they are incompatible with any professionally reasonable clinical judgement.

Push pins

Nursing homes and adult care facilities must post notices about their non-discrimination policies and information about reporting violations to the Office of the New York State Long-Term Care Ombudsman Program (LTCOP). The DALs include a template with required verbiage with must be posted alongside the facility’s Non-Discrimination Policy effective May 28, 2024.

In addition to the above, facilities have other responsibilities to be mindful of. These include documentation, privacy and training components which providers may already have in place but may need to be tweaked for compliance with these requirements.

View the March 18, 2024 DAL NH #24-09 / DAL ACF #24-19 for full details and the required posting information.

Exit mobile version