N.Y. Public Health Law § 4660*2: Rights of residents in assisted living residences

* § 4660. Rights of residents in assisted living residences. 1. The

principals enunciated in subdivision three of this section are declared

to be the public policy of the state and a copy of such statement of

rights and responsibilities shall be posted conspicuously in a public

place in each residence covered hereunder.

2. Every assisted living residence shall adopt and make public a

statement of the rights and responsibilities of the residents residing

in such residence, and shall treat such residents in accordance with the

provisions of such statement.

3. Resident's rights and responsibilities shall include, but not be

limited to the following:

(a) every resident's participation in assisted living shall be

voluntary, and prospective residents shall be provided with sufficient

information regarding the residence to make an informed choice regarding

participation and acceptance of services;

(b) every resident's civil and religious liberties, including the

right to independent personal decisions and knowledge of available

choices, shall not be infringed;

(c) every resident shall have the right to have private communications

and consultations with his or her physician, attorney, and any other

person;

(d) every resident, resident's representative and resident's legal

representative, if any, shall have the right to present grievances on

behalf of himself or herself or others, to the residence's staff,

administrator or assisted living operator, to governmental officials, to

long term care ombudsmen or to any other person without fear of

reprisal, and to join with other residents or individuals within or

outside of the residence to work for improvements in resident care;

(e) every resident shall have the right to manage his or her own

financial affairs;

(f) every resident shall have the right to have privacy in treatment

and in caring for personal needs;

(g) every resident shall have the right to confidentiality in the

treatment of personal, social, financial and medical records, and

security in storing personal possessions;

(h) every resident shall have the right to receive courteous, fair and

respectful care and treatment and a written statement of the services

provided by the residence, including those required to be offered on an

as-needed basis;

(i) every resident shall have the right to receive or to send personal

mail or any other correspondence without interception or interference by

the operator or any person affiliated therewith;

(j) every resident shall have the right not to be coerced or required

to perform the work of staff members or contractual work;

(k) every resident shall have the right to have security for any

personal possessions if stored by the operator;

(l) every resident shall have the right to receive adequate and

appropriate assistance with activities of daily living, to be fully

informed of their medical condition and proposed treatment, unless

medically contraindicated, and to refuse medication, treatment or

services after being fully informed of the consequences of such actions,

provided that an operator shall not be held liable or penalized for

complying with the refusal of such medication, treatment or services by

a resident who has been fully informed of the consequences of such

refusal;

(m) every resident and visitor shall have the responsibility to obey

all reasonable regulations of the residence and to respect the personal

rights and private property of the other residents;

(n) every resident shall have the right to include their signed and

witnessed version of the events leading to an accident or incident

involving such resident in any report of such accident or incident;

(o) every resident shall have the right to receive visits from family

members and other adults of the resident's choosing without interference

from the assisted living residence; and

(p) every resident shall have the right to written notice of any fee

increase not less than forty-five days prior to the proposed effective

date of the fee increase, provided however providing additional services

to a resident shall not be considered a fee increase pursuant to this

paragraph.

Waiver of any provision contained within this subdivision shall be

void;

4. Each assisted living operator shall give a copy of the statement of

rights and responsibilities to each resident at or prior to the time of

admission to the residence, the resident's representative and resident's

legal representative, if any, and to each member of the residence's

staff and any current resident.

* NB There are 2 § 4660's