New DAL Clarifies Transfer and Discharge Requirements

(Jan. 7, 2025) The Department of Health (DOH) has issued its first nursing home Dear Administrator Letter (DAL) of 2025, clarifying the requirements applicable to transfers and discharges of residents and the associated documentation and notices. In particular, DAL NH 25-01 notes that facilities must ensure that the transfer or discharge is documented in the resident’s medical record and appropriate information is communicated to the receiving health care facility or provider.

The DAL reminds facilities that the circumstances in which a facility may initiate a transfer or discharge are limited, and "[i]n all cases, a copy of the Notice of Discharge must be sent to the Long-Term Care Ombudsman Program." In addition, the DAL reinforces the general requirement to provide a notice of discharge to the resident and their representative not less than 30 days prior to discharge, subject to certain exceptions. It notes: "In situations where the facility has decided to discharge the resident while the resident is hospitalized, the facility must send a notice of discharge to the resident and resident representative before the discharge and send a copy of the Notice of Discharge to the appropriate regional office of the Long-Term Care Ombudsman Program."

The DAL includes a question-and-answer reference document.

Contact: Karen Lipson, klipson@leadingageny.org