Hudson Valley Senior AdvisorCan an adult home evict a resident without notice?
No: in most cases New York requires at least 30 days' written notice for an involuntary discharge, and a resident who objects can stay until a court orders otherwise.
The ombudsman can help a resident respond.
Can a nursing home discharge someone for switching to Medicaid?
No: a certified nursing home cannot discharge a resident because their payment source changes to Medicaid.
Appeals go through the Department of Health at 1-888-201-4563.
Who advocates for residents in Dutchess and Orange?
The Hudson Valley Long Term Care Ombudsman Program, (845) 229-4680, a free and independent advocate for residents of nursing homes and adult care facilities.
It works for the resident and acts with the resident's consent.
Can residents manage their own money and medications?
Residents keep the right to manage their own funds, and may self-administer medications if their physician and the residence's assessment agree they can do so safely.
A residence may offer to hold funds, but only with written consent and an accounting.
Do residents have the right to a council?
Yes: adult care facility residents can form a resident council, and nursing homes must support resident and family councils.
Ask when the council meets and whether family members may attend.
Can a residence raise its rates whenever it wants?
No: the admission agreement must say how much notice the residence gives before a rate increase, and New York requires that advance written notice before most increases take effect.
Ask how often rates have risen in the past two years and by how much; the answer predicts the next increase better than any brochure.
What can a family do if a care plan is not being followed?
Ask for a care plan meeting with the administrator or director of nursing, put the concern in writing, and if nothing changes, call the ombudsman or the Department of Health's complaint line.
Adult care facilities: 1-866-893-6772. Nursing homes: 1-888-201-4563. The Hudson Valley Long Term Care Ombudsman Program: (845) 229-4680.
Do residents keep their own doctor?
Generally yes: residents of adult care facilities choose their own physicians, and nursing home residents may keep their doctor if that doctor follows the home's requirements for visits and orders.
Ask the residence how outside doctors coordinate with its staff and pharmacy.
At a glance
| Residents have | Residents do not have to | |
|---|---|---|
| Notice | Written notice before most discharges | Leave on demand |
| Advocacy | A free ombudsman | Pay a lawyer to complain |
| Medicaid | Protection when converting in a nursing home | Move because the payer changed |
Each answer rests on New York law or regulation, a Department of Health publication, CMS, the VA, a county Office for the Aging or CareScout's 2025 survey. When a figure changes we update the answer and the reference page it links to, and where no published number exists we say so instead of estimating.
