New York

Grounds stated in the sources

The Department of Health's consumer page "Transfer and Discharge Resident Rights" (Revised: April 2022) states that the nursing home may transfer or discharge a resident "only after the interdisciplinary care team, in consultation with you or your representative, determines that" one of the stated circumstances applies: that "the transfer or discharge is necessary for your welfare and your needs cannot be met after reasonable attempts at accommodation in the facility."; that it "is appropriate because your health has improved sufficiently to the point where you no longer need the services provided by the facility."; that "your health or safety or the health or safety of other individuals in the facility would otherwise be endangered."; nonpayment "after reasonable and appropriate notice", permissible "only if" three stated conditions hold; and "when the facility discontinues operation and has received approval of its plan of closure from the New York State Department of Health."

Notice stated in the sources

The same page states the right to "be given 30 day notice before transfer or discharge except in certain situations", with seven stated circumstances in which notice "shall be given as soon as practicable before transfer or discharge, but no later than the date on which a determination was made to transfer or discharge you". The notice's required items are listed there, among them "The specific regulations that support, or the change in Federal or State law that requires, the action;" and "the name, address, and telephone number of the State long term care ombudsman;".

Hearing office in these sources

The New York State Department of Health itself: an appeal "for which a hearing can be held under the auspices of the Department", filed "within sixty (60) days from the date of receipt of the transfer/discharge notice." The department publishes the route on its appeal page (Revised: July 2026) — the "NYSDOH Nursing Home Complaint and Discharge Appeal Hotline at 1-888-201-4563", an online "Nursing Home Discharge Appeal Form", mail to the "NYS DOH Centralized Complaint Intake Program 875 Central Ave, Albany, NY 12206", fax to "518-408-1157", and email to nhintake@health.ny.gov. The pendency statement is on the rights page: the resident may "remain in the facility pending the appeal determination if the request for an appeal is filed with the Department prior to you being discharged from the facility."

Ombudsman in these sources

The Office of the State Long Term Care Ombudsman, "an independent office administratively housed in the New York State Office for the Aging." As published on the program's own page: "Helping residents in long term care facilities. Call 1 (855) 582-6769 to reach your Ombudsman." The page names "Claudette Royal, the New York State Ombudsman."

Sources last checked

2026-08-30

Reproduced from the agencies' own pages and documents quoted below — potentially relevant official sources, not a determination that any notice, ground, or deadline applies to any situation.

Lede

This page assembles what New York's own publishers state about involuntary transfer and discharge from a certified nursing facility. It is a baseline page: the docket rows and the source map are built; the grounds section and the published-process section are not yet written, and the regulation itself remains capture-pending, as the change log records. The fullest single source is the Department of Health's "Transfer and Discharge Resident Rights" (Revised: April 2022), which states the grounds, the notice period and contents, the appeal, and the facility's bed-hold and readmission duties in the department's own words, read with the department's "Nursing Home Transfer or Discharge Appeal" page (Revised: July 2026) for the filing route. New York's vocabulary is transfer or discharge, and the appeal is an evidentiary hearing. The shape is close to simple: the health department writes the rules, receives the appeal, and hears it, while the ombudsman program sits in the Office for the Aging — two publishers rather than four.

The federal floor for Medicare/Medicaid-certified facilities is assembled separately on [the federal page](../federal.html); nothing here fills a gap from federal law or another state. Confirm applicability with the agencies named in the sources: whether any provision applies to a particular facility, resident, or notice is for the hearing office to determine. Deadlines and periods on this page are quoted from the sources, not calculated for any case.