The directive which this question relates to was issued on March 25th by the New York State Department of Health. It is now no longer available on their website, but has been archived here. It states:
No resident shall be denied re-admission or admission to the NH [(Nursing Home)] solely
based on a confirmed or suspected diagnosis of COVID-19. NHs are
prohibited from requiring a hospitalized resident who is determined
medically stable to be tested for COVID-19 prior to admission or
Since then, this order has come under quite a substantial amount of scrutiny, but the department has defended itself in a report entitled Factors Associated with Nursing Home Infections and Fatalities in New York State
During the COVID-19 Global Health Crisis which was published on July 6th and later revised on July 20th. This report mentions the number of other states which have enacted similar policies:
One of the factors that has been suggested by some observers to
contribute to nursing home infections and subsequent fatalities is
that the admission of COVID-positive residents introduced COVID into
nursing homes. However, data does not support this assertion.
March 25th NYSDOH policy on admissions uniquely impacted nursing home
fatalities, New York’s—and the roughly 12 other states with similar
policies—nursing home fatalities would be disproportionate to the rest
of the country. Not only has a recent report by the New York Times,
found that New York’s nursing home fatalities were not
disproportionate to the rest of the nation (See, Background, Infra.),
neighboring states—despite having populations much lower than New
York’s—illustrates that on a per capita basis, New York has one of the
lowest fatality rates in nursing homes of any of its neighboring
states (Appendix C).
It doesn't mention which states these are, but it at least puts an approximate figure on it, at least according to the New York Department of Health. Below are the four states which I'm aware of with similar policies. Note that 'similar' is, of course, subjective, so I've linked to the relevant legislation/directive/executive order/guidance in each case so the reader can decide for oneself.
Michigan - Executive Order 2020-50 (now rescinded)
A long-term care facility must not prohibit admission or readmission
of a resident based on COVID-19 testing requirements or results in a
manner that is inconsistent with relevant guidance issued by the
Department of Health and Human Services (“DHHS”).
Pennsylvania - Interim Guidance for Nursing Care Facilities During COVID-19 (no longer available, archived link)
A positive test result is not a reason to refuse readmission to a
resident; rather, adhere to HAN
California - AFL 20-32
SNFs [(Skilled Nursing Facilities)] shall not discriminate admits or readmits, nor transfer or
discharge residents based on their status as a suspected or confirmed
COVID-19 case. SNFs shall institute appropriate precautions to prevent
the spread of infection to health care personnel and other residents
as specified in AFL 20-25.2.
New Jersey - Directive - Hospital Discharges and Admissions to Post-Acute Care Settings
No patient/resident shall be denied re-admission or admission to the
post-acute care setting solely based on a confirmed diagnosis of
COVID-19. Persons under investigation for COVID-19 who have undergone
testing in the hospital shall not be discharged until results are
available. Post-acute care facilities are prohibited from requiring a
hospitalized patient/resident who is determined medically stable to be
tested for COVID-19 prior to admission or readmission.