Article 29-J of the New York Public Health Law (Section 2999-hh) established a specific and new “Medical Respite Program” under New York law. Such a Medical Respite Program is defined to be a not-for-profit corporation certified to serve “recipients” whose health conditions require the receipt of temporary room and board and the provision of, or arrangement for, health care and support services. On January 31, 2024, the New York State Department of Health (“DOH”) issued permanent regulations regarding the Medical Respite Program.
Some of the highlights of this new Medical Respite Program are as follows:
(1) The “recipients” who are eligible to receive respite services include individuals who:
a. Have a qualifying health condition requiring treatment or care;
b. Do not require an inpatient level of care (such as in a hospital or nursing home); and
c. Are experiencing homelessness or at imminent risk of homelessness.
(2) DOH will issue a certificate of authority to an applicant who meets the conditions detailed in the law and regulations – and shall inspect each applicant for and certified respite program at least once per year to ensure that it operates in compliance with all applicable requirements.
(3) Such a Medical Respite Program shall provide (or arrange for providing) the following services:
a. Temporary room and board (including a dedicated bed and meals);
b. Eligibility assessments and development and monitoring of service plans;
c. Care coordination services (such as arranging for transportation to health care appointments); and
d. At least daily wellness checks.
(4) The Medical Respite Program shall begin discharge planning upon admission and shall engage in such planning throughout a recipient’s stay at the respite facility.
(5) DOH intends to issue further information about many of the requirements in the future – in “sub-regulatory” guidance.
The regulations can be found for now at the following link (and generally in the DOH regulations at 10 N.Y.C.R.R. Part 1007):
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