New York State Reinstates Statutes and Regulations Governing Hospitals and Nursing Homes

On May 8, 2020, Governor Cuomo signed Executive Order 202.28, continuing some, and importantly, cancelling other suspensions or modification of certain statutes and regulations governing hospitals and nursing homes. Among the suspensions continued until June 6, are all of the prior Executive Orders allowing professionals licensed in other states and Canada to practice in New York, allowing the practice of professionals with an unencumbered license and currently in good standing but not registered in New York, and allowing graduates of registered nursing programs to work under supervision. Executive Order 202.28 also reinstates regulations governing the admission, discharge, care and treatment of hospital and nursing home residents. Those regulations which have been reinstated include:

Hospital:

All hospital admission and discharge policies and procedures must be restored, except that a practitioner may be allowed to practice in a facility where they are not credentialed or have privileges. Restoration of State Health Code regulation 405.9 eliminates the rapid discharges previously allowed.
PRI and Screen must be completed for nursing home referral.
All record keeping requirements must be reinstated.
Discharge planning policies and procedures for psychiatric patients must be restored, including transfer regulations for transfer to State hospital.

Nursing Home:

PRI and Screen must be completed prior to admission.
Comprehensive resident assessment and planning required within 14 days of admission.
Physician order required for admission.
Standard admission procedures must be restored.
All record keeping requirements must be reinstated.

Executive Order 202.30 further directs that no hospital patient who tests positive for COVID-19 be discharged to a nursing home and that every hospital patient be tested before discharge. Click here to read the GW Alert concerning Executive Order 202.30.

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Should you have any questions regarding the above, please contact the Garfunkel Wild attorney with whom you regularly work, or contact us at info@garfunkelwild.com.