N.Y. Public Health Law § 4657*2: Residency admission

* § 4657. Residency admission. 1. An assisted living operator shall

conduct an initial pre-admission evaluation of a prospective resident to

determine whether or not the individual is appropriate for admission to

the assisted living residence. Such evaluation shall be conducted by the

operator and, if necessary, in conjunction with a home care services

agency or appropriate employee pursuant to paragraph (d) of subdivision

one of section four thousand six hundred fifty-five of this article. The

operator shall conduct all such evaluations using an evaluation tool

developed by the department, to be based on the recommendations of the

task force created pursuant to section five of the chapter of the laws

of two thousand four which added this section or one developed by the

operator that receives approval by the department.

2. The assisted living operator shall not admit any resident if the

operator is not able to meet the care needs of the resident within the

scope of services authorized under this article, and the individualized

service plan; provided, further that no operator shall admit any

resident in need of twenty-four hour skilled nursing care.

3. (a) At the time of the admission to an assisted living residence, a

resident shall submit to the facility a written report from a physician,

a physician assistant or a nurse practitioner, which report shall state:

(i) that the physician, physician assistant or nurse practitioner has

physically examined the resident within one month and the date of such

examination;

(ii) that the resident is not in need of acute or long term medical or

nursing care which would require placement in a hospital or residential

health care facility; and

(iii) that the resident is not otherwise medically or mentally

unsuitable for care in the facility.

(b) For the purpose of creating an accessible and available record and

assuring that a resident is properly placed in such a facility, the

report shall contain the resident's significant medical history and

current conditions, the prescribed medication regimen, recommendations

for diet, the assistance needed in the activities of daily living, and

where appropriate, recommendations for exercise, recreation and

frequency of medical examinations.

(c) Such resident shall thereafter be examined by a physician, a

physician assistant or a nurse practitioner at least annually, and shall

submit an annual written report in conformity with the provisions of

this subdivision.

(d) Following a resident's stay in a hospital or residential health

care facility, upon return to the assisted living residence, the

assisted living residence shall not be required to obtain the report in

paragraph (a) of this subdivision, and instead shall obtain a statement

from the discharging facility which shall:

(i) state that the resident is appropriate to return to the residence;

and

(ii) include the reason for the stay, the treatment plan to be

followed, and any new or changed orders, including medications.

The statement shall be completed by a physician, a physician assistant

or a nurse practitioner.

(e) Nothing required in this subdivision shall require the use of an

identical form in adult care facilities and assisted living residences,

either upon admission or return.

* NB There are 2 § 4657's