HEALTH CARE
Patient Right to Access Medical Records
submitted by: Bria Lewis, Esq., Staff Attorney New York State Law gives patients and other qualified individuals (including but not limited to Legal Guardians, Powers of Attorney, and Health Care Proxies) access to medical records. You can request your medical records from your physician or a health care facility (including hospitals, home care facilities, hospices,…
Read MoreResident Rights: When a Nursing Home Transfers a Resident to the Hospital and Refuses to Readmit
Submitted by Bria Lewis, Esq., Staff Attorney Recently, CELJ represented a client who was discharged from a nursing home to a local hospital with a transfer/discharge notice stating that the facility would not be able to take our client back. At the discharge hearing before the NYS Department of Health, the facility was unable to…
Read MoreNYS Department of Health Updates Visitation Guidelines for Nursing Homes and Adult Care Facilities
submitted by Bria Lewis, Esq., Staff Attorney On July 8, 2021, the NYS Department of Health (DOH) issued updated guidelines for visitation for both nursing homes and adult care facilities (ACFs). These guidelines supersede and replace any previously issued guidance regarding visitation. DOH states that regardless of how visitation is conducted, nursing homes and ACFs…
Read MoreEmergency Regulations for Personal Caregiving and Compassionate Caregiving Visitors are No Longer in Effect
submitted by Bria Lewis, Esq., Staff Attorney On June 1, 2021, the NYS Department of Health (DOH) issued emergency regulations for personal caregiving and compassionate caregiving visitors in nursing homes and adult care facilities (ACF), as established by 2801-h of the Public Health Law (PHL) and section 461-u of the Social Services Law (SSL). These…
Read MoreEmergency Regulations for Personal Caregiving and Compassionate Caregiving Visitors in Nursing Homes and Adult Care Facilities
submitted by Bria Lewis, Esq, Staff Attorney On June 1, 2021, the NYS Department of Health (DOH) issued emergency regulations for personal caregiving and compassionate caregiving visitors in nursing homes and adult care facilities, as established by 2801-h of the Public Health Law (PHL) and section 461-u of the Social Services Law (SSL). These regulations…
Read MoreNYS Bill A196/S1576 Relates to violations of safety conditions in adult care facilities
The Center for Elder Law & Justice is urging our state legislators to support A.196(Gottfried)/S.1576(Rivera). This bill provides important consumer protections to residents who live in Adult Care Facilities and deters the worst abuses in these facilities that put residents’ health and safety at risk. We join with over 25 organizations in supporting this bill.…
Read MoreNYS Department of Health Releases Expanded Visitation Guidelines for Nursing Homes and Adult Care Facilities
submitted by Bria Lewis, Esq, Staff Attorney On March 25, 2021, the NYS Department of Health (DOH) updated guidelines for visitation for both nursing homes and adult care facilities. Overall these guidelines are consistent with the federal guidelines released by the Centers for Medicare & Medicaid Services (CMS) on March 10, 2021, which addressed the…
Read MoreUpdated Federal Visitation Guidelines
Submitted by Bria Lewis, Esq, Staff Attorney On March 10, 2021 Centers for Medicare & Medicaid Services (CMS) released an update to their nursing home visitation guidelines. This guidance addresses the impact that the COVID-19 vaccination has on visitation. The information contained in this guidance supersedes and replaces previously issued guidance and recommendations regarding visitation.…
Read MoreNYS Legislative Updates and the Need for Comprehensive Long-Term Care Reform
submitted by: Lindsay Heckler, Supervising Attorney This week, the NYS Assembly passed a variety of legislation pertaining to nursing homes and adult care facilities. Below is a summary of each of each of the bills that were passed and what happens next. Before going into these bills, I want to make the following point that…
Read MoreCall to Action: Safe Visitation for Nursing Homes & Adult Care Facilities
It has been almost a year since the initial ban on in-person visitation in nursing homes and adult care facilities, and visitation is still extremely restrictive. Residents have been negatively impacted by these restrictions, living in forced isolation and experiencing cognitive and mental decline. Virtual visitation has not been an adequate substitution to combat the…
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