DAL DACF 25-22 – Admission and Residency Agreement Expectations

Attached you will find DAL DACF 25-22: Admission and Residency Agreement Expectations, which is intended to clarify expectations related to the completion of an Admission or Residency Agreement and when a 30-Day Notice of Termination is required.

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General Expectations

• Facilities must have a signed Admission or Residency Agreement with each resident.
• Agreements must fully describe services, rates, and resident rights, and comply with relevant laws and regulations.
• A 30-Day Notice of Termination is required for certain discharges as outlined in DAL 24-15.

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 SUMMARY OF TERMINATIONS

Resident-Initiated Terminations

• Residents or their representatives can voluntarily terminate agreements (verbally or in writing).
• Documentation of this intent must be in the resident’s record.
• A formal discharge notice is not required for voluntary/mutual discharges.
• General expressions (e.g., “I want to go home”) or elopement by cognitively impaired residents do not qualify as valid notice.

Facility-Initiated Terminations

• Must meet strict criteria such as:
  • Resident’s care needs exceed facility capacity
  • Behavior poses imminent risk
  • Non-payment
  • Repeated disruptive behavior
  • Facility closure or change in licensure
• Must include proper documentation and physician input (especially when care needs can no longer be met).
• A 30-Day Notice of Termination (DOH-5237) must be issued and include:
  • Reason for termination
  • Discharge date
  • Legal resources and objection rights (click here)
  • Distribution to resident, next of kin, and responsible party
• If the resident objects, they have the right to remain pending a court ruling.
• A copy of the 30-Day Notice must be sent to the appropriate Department of Health Regional Office within 5 days of issuance.
• Facilities must provide:
  • A list of free legal and advocacy services for the resident’s county and neighboring counties. (click here)
  • The opportunity for residents to object to the discharge.
• A resident’s transfer without a 30-day notice is not considered valid termination; the operator must still follow the required legal process.

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Please read full DAL for details

DOH Contacts

• Email for Questions: acfinfo@health.ny.gov
• Regional Office Email Addresses:
  • Capital District: acfcdro@health.ny.gov
  • Central: syradulthomes@health.ny.gov
  • Western: acfwro@health.ny.gov
  • Metropolitan: acfmaro@health.ny.gov

NYSHFA | NYSCAL CONTACTS:

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