N.Y. Public Health Law § 4659: Fee-for-service continuing care contract

* § 4659. Fee-for-service continuing care contract. A fee-for-service

continuing care contract shall contain all of the following information

in no less than twelve point type and in plain language, in addition to

any other terms or matter as may be required by regulations issued by

the commissioner:

1. The amount of all money transferred, including, but not limited to,

donations, subscriptions, deposits, fees, and any other amounts paid or

payable by, or on behalf of, the resident or residents;

2. A description of all services which are to be furnished by the

operator, a description of any fees in addition to the entrance fee and

periodic charges provided for in the contract, and the conditions under

which the fees may be adjusted, provided that an operator shall not

charge any non-refundable application fee to a prospective resident who

has paid a non-refundable priority reservation agreement application

fee;

3. The procedures of the community relating to a resident's failure to

pay the required monthly fees;

4. A statement of the figures and terms concerning the entry of a

spouse to the community and the consequences if the spouse does not meet

the requirements for entry;

5. A statement of the terms and conditions under which a contract may

be canceled by the operator or by a resident and the conditions under

which all or any portion of the entrance fee will be refunded by the

operator, including the mandatory refund provisions set forth in

sections forty-six hundred sixty and forty-six hundred sixty-two of this

article;

6. The procedures and conditions under which a resident may be

transferred from his or her living unit including a statement that, at

the time of transfer, the resident will be given the reasons for the

transfer; the process by which a transfer decision is made; the persons

with the authority to make the decision to transfer; a description of

any change in charges to be paid by the resident for services not

covered by the contract fees as a result of the transfer; and a

statement regarding the disposition of and the right to return to the

living unit in cases of temporary and permanent transfers;

7. A statement that, if the resident dies prior to occupancy date or,

through illness, injury or incapacity is precluded from becoming a

resident under the terms of the contract, the contract is automatically

rescinded and the resident or his or her legal representative shall

receive a full refund of all moneys paid to the facility, except for

those costs specifically incurred by the facility at the request of the

resident and set forth in writing in a separate addendum, signed by the

parties to the contract;

8. A statement of the conditions under which all or any portion of the

entrance fee will be released to the operator before the living unit

becomes available for occupancy, and a statement of the conditions under

which all or any portion of that fee will be refunded in the event of

the death of the resident and/or spouse following occupancy of a living

unit, including the mandatory refund provisions set forth in section

forty-six hundred sixty of this article;

9. A statement of the advance notice to be provided the resident, of

not less than sixty days, of any change in fees or charges or scope of

care or services;

10. A statement that no act, agreement, or statement of any resident,

or of an individual purchasing care for a resident under any agreement

to furnish care to the resident, shall constitute a valid waiver of any

provision of this article or of any regulation enacted pursuant thereto

intended for the benefit or protection of the resident or the individual

purchasing care for the resident;

11. A description of the reinstatement policies if a resident leaves

the facility or the contract is canceled;

12. A statement that internal procedures to resolve disputes and

grievances have been established, and residents notified of them;

13. A statement of the grace period, if any, for the payment of

periodic fees without a penalty, and the extent of any penalty for the

late payment thereof;

14. A statement that any amendment to the contract and any change in

fees or charges, other than those within the guidelines of an approved

rating system, must be approved by the commissioner;

15. A statement that property shall not be substituted as payment for

either the entrance fee or monthly fee; and

16. A statement whether the fee-for-service continuing care contract

includes any ownership, beneficial or trust interest in the assets of

the operator, the assets of the facility, or both. Assets shall include,

but are not limited to, property, trusts, reserves, interest and other

assets.

* NB There are 2 § 4659's