DOH Issues Dear Administrator Letter on Nursing Home Discharge Requirements

The Department of Health (DOH) has issued Dear Administrator Letter (DAL) 18-05 reminding nursing facilities of their obligation to uphold the Olmstead decision by ensuring that all residents who express a desire to return to the community are provided the opportunity and assistance by the facility to allow the resident to live in the most integrated and least restrictive setting possible.

The letter reminds facilities of the use of MDS Section Q as a means of identifying residents who wish to return to the community and the requirement that facilities ask residents on a quarterly basis, unless otherwise noted, if they wish to receive information about returning to the community. The letter provides a link to assist facilities in accurately completing Section Q.

Residents who answer affirmatively to question Q500 must be referred to the New York Association on Independent Living (NYAIL) Open Doors Program for additional information. Failure to refer a resident in a timely manner may result in a Statement of Deficiency (SOD), according to the letter.

Contact: Elliott Frost, efrost@leadingageny.org, 518-867-8832