DOH Reminds ACFs of Residency Agreement Termination Requirements

The Department of Health (DOH) issued a Dear Administrator Letter (DAL) on April 9, 2024 reminding adult care facilities of the requirements they must meet when they terminate a Residency Agreement. Specifically, the requirements include the following, regardless of the basis for the termination:

• Provide a 30-Day Notice of Termination;
• Provide a copy of the Notice of Termination to the appropriate DOH regional office within five days of the service of the notice on the resident;
• When the resident has been transferred without a Notice of Termination, ensure that the written notice is hand-delivered to the resident at the location to which they were transferred;
• Provide a copy of the list of legal and advocacy services for the county and all contiguous counties to the resident and/or resident representative; and
• If the resident exercises their right to object to the termination and discharge, allow the resident to remain in the facility while the operator commences a special proceeding and pending the court's decision.

These requirements for terminating a Residency Agreement (or Admission Agreement) and the grounds for removal or termination are set forth in Social Services Law Section 461-g. The DAL notes that a transfer of a resident without a Notice of Termination does not terminate the admission and does not relieve the operator of the requirements in Section 461-g associated with terminating a Residency Agreement.

Contact: Diane Darbyshire, ddarbyshire@leadingageny.org, or Karen Lipson, klipson@leadingageny.org