DAL DACF 24-15: 30-Day Notice of Termination Reminder

On April 9, 2024 the Department of Health issued DAL DACF-24-15: 30-Day Notice of Termination Reminder (attached). You will also find attached DOH-5237 (30-Day Notice Form).

Things to consider when issuing a 30-day notice:

• If a resident has been deemed inappropriate to continue to reside in your community, and the discussion has been had with the resident and representative, it is good practice to issue a 30-day notice at this point. Explain to the resident/representative that it is Department of Health protocol and that you will assist them with finding a new home.
  • If it is medically related, have the resident’s PCP on board for support.

• You must show persistent efforts in finding a new home for the resident. This means, you must contact at least 5 places (start with the resident’s preferences), document the contact, and continue to follow up regularly. If an application is rejected, you have to assist in filing an addition application at another facility.  Documentation is key here.

• While the resident is still residing in your community, how are you keeping them safe? Document. Update ISP/Care Plan, as appliable.

• Inform the local Department of Health office if the resident is not transferred within 30 days.

• If you are exceeding 30 days, it is advisable to involve your legal team to ensure they are informed.

• Transferring a resident without giving prior notice of termination doesn’t terminate the admission agreement and doesn’t release the operator from the obligation to fulfill the prescribed termination procedures after the resident’s transfer.

• Attached is the Community Resource Guide – parts of this guide must be given with the 30-day notice (and it was not linked in the DAL).
  • Page 5 explains how to use the document.
  • You will need to identify the county where your community is located, and the surrounding counties (page 8) and give the resident/resident representative information on legal and advocacy services (information is in the document).
  • If you’re uncertain about specific counties, it’s advisable to provide them with more information rather than less—you can share the entire document if you’d prefer.
• Related regulations (all of which are mentioned in the 30-day notice form)
  • Title: Section 487.5 – Resident protections | New York Codes, Rules and Regulations (ny.gov)
  • Title: Section 488.5 – Resident protections | New York Codes, Rules and Regulations (ny.gov)
  • New York Consolidated Laws, Social Services Law – SOS § 461-f | FindLaw
  • New York Consolidated Laws, Social Services Law – SOS § 461-h | FindLaw

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Department of Health contact: acfinfo@health.ny.gov

NYSHFA | NYSCAL CONTACTS:

Christina Audi, MHA, LNHA
Executive Director, NYSCAL
caudi@nyshfa-nyscal.org
518-462-4800 x 13