Rules promulgated by an assisted living nonprofit organization that restrict access by attorneys and advocates to residential care home residents are inconsistent with New York State Department of Health regulations, the New York State Court of Appeals said in a 5-2 decision last week.
Monroe County Supreme Court Public Health Law Nursing Homes — Medicaid The Brightonian Nursing Home v. Daines 2009-13213 Judge Rosenbaum Background: Monroe County Supreme Court Judge Rosenbaum ruled New York State Public Health Law §2808(5)(c) unconstitutional due to its effect on the due process rights of nursing home owners who are unable to withdraw equity [...]
A Monroe County Supreme Court justice last week ruled a relatively new state law is unconstitutional. Judge Matthew A. Rosenbaum decided Thursday that Public Health Law §2808(5)(c), which deals with spending by nursing home owners, infringes on their rights.
New York’s top court has refused to order nursing homes to give state lawyers access to hundreds of psychiatric patients so they can advocate for their rights to treatment alternatives, living conditions or even release.