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Policy

NY Department of Health bars nursing homes from refusing COVID-positive discharges

The New York State Department of Health issued an advisory stating that nursing homes could not deny admission or readmission to residents 'solely based' on a confirmed or suspected COVID-19 diagnosis, and prohibiting facilities from requiring COVID-19 testing of medically stable hospital patients before admission or readmission. Issued as hospitals braced for surge overflow, it became one of the most contested state policies of the early pandemic; the state reversed it on May 10, 2020.

Primary quotes

Other
no resident shall be denied re-admission or admission to the [nursing home] solely based

March 25, 2020 NY DOH advisory, on a confirmed or suspected COVID-19 diagnosis — as quoted verbatim by the Associated Press

Flags / open questions

  • Original health.ny.gov URL blocks automated access; Wayback snapshot serves the original PDF

Linked sources

NY DOH advisory — Hospital Discharges and Admissions to Nursing Homes, March 25, 2020 (Wayback)
Tier 1 · report · Original health.ny.gov URL blocks automated access; March 28, 2020 snapshot serves the original PDF
AP count: More than 4,500 recovering COVID-19 patients sent to NY nursing homes (AP)
Tier 3 · news · May 21, 2020 tally; quotes the March 25 directive verbatim

Related contentions

Did admission directives seed COVID-19 into nursing homes — and was the toll obscured?

Unresolved. The 50% undercount is confirmed by the NY AG, but the directive's causal share of nursing-home deaths was never adjudicated — the AG said only that it 'may have' increased risk, and DOJ declined CRIPA investigations in 2021; later data analyses (staffing levels, staff transmission) are cited by both sides without consensus.