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Admission, retention and discharge rules for Mid-Hudson residences

What a Dutchess or Orange residence must assess before move-in, and the notice it owes before move-out.

Quick answer

Before admission an adult care facility needs a medical evaluation from the applicant's physician completed within the prior 30 days, its own interview and assessment, and a signed written admission agreement that lists the services and every fee.

Home›NY Rules›Admission, retention and discharge rules for Mid-H
Last verified: November 2026

What does a New York residence need before it admits someone?

Before admission an adult care facility needs a medical evaluation from the applicant's physician completed within the prior 30 days, its own interview and assessment, and a signed written admission agreement that lists the services and every fee.

The evaluation is how the residence checks that the applicant falls within its license. Someone who needs continual nursing, or who is chronically bedfast or a danger to others, cannot be admitted to an ordinary adult home or enriched housing program; enhanced and special needs certifications widen who can be accepted, which is one more reason the bed counts matter.

When can a residence in Poughkeepsie or Newburgh ask a resident to leave?

Only for reasons the regulations allow, such as needs the residence is no longer licensed or certified to meet, behavior that endangers others, or nonpayment, and in most cases only with at least 30 days' written notice that explains how to object.

A resident who disagrees can refuse to leave, and then the operator has to go to court for an order; it cannot simply pack belongings or change the locks. The ombudsman, the Hudson Valley Long Term Care Ombudsman Program, (845) 229-4680, helps residents and families respond to a discharge notice for free.

What has to be in the admission agreement?

The agreement must spell out the basic rate and what it covers, each additional service and its price, the refund and deposit policy, the conditions for terminating the agreement, and how much notice the residence gives before raising rates.

Read it with the fee schedule beside you. Many Mid-Hudson residences price care by level, so ask what moves a resident from one level to the next and who decides. If the residence holds Assisted Living Program beds, ask whether a private-pay resident who later qualifies for Medicaid can switch to one, and whether there is a waiting list.

Does running out of money mean a parent must move?

It depends on the bed: a private-pay resident whose savings run out can stay only if the residence accepts SSI or has an Assisted Living Program bed and the person qualifies, so ask both questions in writing before move-in.

The 2026 Q2 capacity report shows 9 of the 18 licensed residences in Dutchess and Orange holding Assisted Living Program beds, 931 of the 1,664 certified beds: Hedgewood Assisted Living (192), Promenade at Middletown (131), The Eliot at Erie Station ALP (120), The Sentinel of Port Jervis (109), Dutchess Care (92), Braemar Living at Wallkill (88), The Avalon Assisted Living and Wellness Center (75), Hyde Park Assisted Living Facility, Inc. (66), Promenade at Tuxedo Place (58). Our money running out guide walks through the timing.

At a glance

New York's retention rulesNew York's retention rules do not
NoticeRequire written notice, usually 30 daysAllow a same-day eviction
ReasonsLimit discharge to listed groundsLet a residence discharge at will
DisputesSend contested cases to courtLet staff remove belongings
MoneyAllow discharge for nonpayment with noticeRequire a residence to accept Medicaid

Rules and dollar amounts on this page come from New York law and regulation (the Social Services Law, Public Health Law, 18 NYCRR and 10 NYCRR), Department of Health GIS messages and directories, CMS, the VA, CareScout or the county agencies named in the text. Our sourcing rules: editorial standards.

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