N.Y. Public Health Law § 4658*2: Residency agreement and disclosures

* § 4658. Residency agreement and disclosures. 1. Every operator shall

execute with each resident a written residency agreement, in no less

than twelve point type and written in plain language, which satisfies

the requirements of this section. Such agreement shall:

(a) be dated and signed by the operator, the resident, resident's

representative, and resident's legal representative, if any, and any

other party to be charged under the agreement;

(b) contain the entire agreement of the parties and shall include the

disclosures required by subdivision three of this section.

1-a. The resident, resident's representative and resident's legal

representative, if any, shall be given a complete copy of the agreement

and all supporting documents and attachments and any changes whenever

changes are made to the agreement.

2. The residency agreement shall include, at a minimum:

(a) the name, telephone number, street address and mailing address of

the residence;

(b) the name and mailing address of the owner of the residence and at

least one natural person authorized to accept personal service on behalf

of the owner of the residence;

(c) the name and address of the assisted living operator and at least

one natural person authorized to accept personal service on behalf of

the operator;

(d) a statement, to be updated as necessary, describing the licensure

or certification status of the assisted living operator and any provider

offering home care services or personal care services under an

arrangement with the residence, including a specific listing of such

providers;

(e) the effective period of the agreement;

(f) a description of the services to be provided to the resident and

the base rate to be paid by the resident for those services;

(g) a description of any additional services available for an

additional, supplemental, or community fee from the assisted living

operator directly or through arrangements with the operator, stating who

would provide such services, if other than such operator;

(h) a rate or fee schedule, including any additional, supplemental, or

community fees charged for services provided to the resident, with a

detailed explanation of which services and amenities are covered by such

rates, fees, or charges;

(i) a description of the process through which the agreement may be

modified, amended, or terminated, and setting forth the terms and time

frames under which the agreement may be terminated by either party;

(j) a description of the complaint resolution process available to

residents;

(k) the name of the resident's representative and resident's legal

representative, if any, and a description of the representative's

responsibilities;

(l) the criteria used by the operator to determine who may be admitted

and who may continue to reside in the residence, including criteria

related to the resident's care needs and compliance with reasonable

rules of the residence;

(m) procedures and standards for termination of contract, discharge

and transfer to another dwelling or facility;

(n) billing and payment procedures and requirements;

(o) procedures in the event the resident, resident's representative or

resident's legal representative are no longer able to pay for services

provided for in the resident agreement or for additional services or

care needed by the resident; and

(p) terms governing the refund of any previously paid fees or charges

in the event of a resident's discharge from the assisted living

residence or termination of the resident agreement.

3. In conjunction with any marketing materials and with the residency

agreement required by this section, the assisted living operator shall

disclose on a separate information sheet in plain language and in twelve

point type the following to (a) any individual who expresses an interest

in residing in the residence, and to his or her designated

representative and his or her legal representative, if any, upon request

or prior to admission, whichever occurs first, and (b) any current

resident and to his or her designated representative and his or her

legal representative, if any, if such information has not previously

been disclosed to them:

(i) the consumer information guide developed by the commissioner

pursuant to subdivision one of section forty-six hundred sixty-two of

this title;

(ii) a statement listing the residence's licensure and if it has an

enhanced assisted living certificate and/or special needs enhanced

assisted living certificate and the availability of enhanced assisted

living and/or special needs beds;

(iii) any ownership interest in excess of ten percent on the part of

the operator, whether legal or beneficial, in any entity which provides

care, material, equipment or other services to residents;

(iv) any ownership interest in excess of ten percent on the part of

any entity which provides care, material, equipment or other services to

residents, whether legal or beneficial, in the operator;

(v) a statement regarding the ability of residents to receive services

from service providers with whom the operator does not have an

arrangement;

(vi) a statement that residents shall have the right to choose their

health care providers, notwithstanding any other agreement to the

contrary;

(vii) a statement regarding the availability of public funds for

payment for residential, supportive or home health services including,

but not limited to availability of coverage of home health services

under title eighteen of the federal social security act (Medicare);

(viii) the department's toll free telephone number for reporting of

complaints regarding home care services and the services provided by the

assisted living operator; and

(ix) a statement regarding the availability of long term care

ombudsman services and the telephone number of the local and state long

term care ombudsman.

4. Assisted living residency agreements and related documents executed

by each resident, resident's representative or resident's legal

representative shall be maintained by the operator in files from the

date of execution until three years after the agreement is terminated.

The agreements shall be made available for inspection by the

commissioner upon request at any time.

* NB There are 2 § 4658's