The hospital administration shall implement requirements governing transfer and affiliation agreements as set forth in section 400.9 of this Title. In accordance with such agreements and for hospitals with more than 49 beds when a nursing home notifies such hospital of available bed(s), the hospital shall transfer the swing bed patient to the RHCF within five weekdays (excluding weekends and holidays) of the availability date unless the patient's physician certifies that a transfer is not medically appropriate.
N.Y. Comp. Codes R. & Regs. Tit. 10 § 406.4