N.Y. Social Services Law § 461-c: Resident care, services and charges

§ 461-c. Resident care, services and charges. 1. Every operator of an

adult care facility, except a shelter for adults, shall execute with

each applicant for admission a written admission agreement, dated and

signed by the operator and the parties to be charged, which shall

contain the entire agreement of the parties and such other information

as department regulations shall require.

2. Such agreement executed pursuant to subdivision one of this section

shall enumerate in such detail as may be required by department

regulation all charges, expenses and other assessments, if any, for

services, materials, equipment and food, required by law or regulations

and other services, materials, equipment and food which such operator

agrees to furnish and supply to such resident during the period of

residency. No additional charges or expenses may be assessed against any

resident of a residence for adults, adult home or enriched housing

program, in excess of that contained in such agreement, except (a) upon

express written approval and authority of the resident, or his or her

sponsor, if any, or (b) in order to provide additional care, services or

supplies, upon the express order of the attending physician of the

resident, or (c) upon thirty days notice to the resident and to his or

her sponsor, if any, of additional charges and expenses due to increased

cost of maintenance and operation. However, in the event of any

emergency arising which affects such resident, additional charges may be

assessed for the benefit of such resident as are reasonable and

necessary for services, materials, equipment and food furnished and

supplied during such emergency.

2-a. (a) There shall be an implied warranty of habitability in each

written admission agreement executed pursuant to this section that shall

ensure the premises be fit for human habitation and for the uses

reasonably intended by the operator and the resident and that the

occupants of the facility shall not be subjected to any conditions which

would be dangerous, hazardous or detrimental to their life, health,

safety or welfare. Such statement shall not be read to be in any way

limiting a resident's rights to relief in an administrative or judicial

proceeding.

(b) An action for breach of the warranty of habitability and any

violation of a written admission agreement may be maintained in a court

of competent jurisdiction by the resident or representative of the

resident. The court shall apply New York Rules of Court Part 130 to any

action brought pursuant to this section.

3. The written agreement executed pursuant to subdivision one of this

section shall include a statement indicating that the resident and any

person designated by the resident shall be notified by the operator at

the request of the resident pursuant to regulations promulgated by the

department and, shall be provided written notification by the facility

not less than thirty days prior to a termination of the resident's

admission and services agreement; a statement that upon discharge or

transfer, the resident and any person designated by the resident shall

be notified by the operator at the request of the resident pursuant to

regulations promulgated by the department and, is entitled to a final

written statement of his or her account and that the resident is

entitled to the prompt return, within three business days, of any of his

or her money, property or thing of value held in trust or in custody by

the facility; a statement which details any and all money, property or

thing of value which is given, or promised to be given to the facility

on admission or at any other time, including any agreements made by

third parties for the benefit of a resident; and such other provisions

as the department determines necessary to fully inform the resident of

those items of care, services, materials, equipment and food that must

be provided by the facility pursuant to other applicable laws and

regulations, and the frequency thereof, and any additional items of

care, services, materials, equipment and food that the facility may in

its discretion agree to provide, and the frequency thereof. Waiver of

any provision contained herein by a resident shall be void. Such

statement as herein provided shall be annexed to the admission

agreement.

4. No resident of an adult care facility who is entitled to receive a

personal allowance pursuant to the provisions of section one hundred

thirty-one-o of this chapter shall be required to use any of the

proceeds from such allowance to pay the operator of an adult care

facility for any services or supplies, unless the resident elects to

purchase such services or supplies and the department has determined

that such services or supplies are not otherwise required to be provided

by the operator pursuant to law, regulation or agreement and the charges

for such services or supplies are reasonable.

5. Whenever a resident authorizes an operator of an adult care

facility or any person affiliated therewith, to exercise control over

his or her money, property or thing of value, such authorization shall

be in writing and subscribed by the parties to be charged. Any such

money, property or thing of value belonging to the resident shall not be

mingled with the funds or become an asset of the person receiving the

same, but shall be segregated and recorded on the facility's financial

records as independent accounts.

6. No adult care facility shall receive or retain any person who is in

need of continual medical or nursing care as provided by facilities

licensed pursuant to article twenty-eight of the public health law or

articles nineteen, twenty-three, thirty-one and thirty-two of the mental

hygiene law.

7. (a) At the time of the admission to an adult care facility, other

than a shelter for adults, 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

unsuited 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 also contain the resident's significant medical history and

current conditions, the prescribed medication regimen, and

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 adult care facility, the adult care

facility 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 facility;

and

(ii) include the reason for the resident's 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 section shall require the use of an

identical form in adult care facilities and assisted living residences,

either upon admission or return.

8. The department shall promulgate regulations with respect to the

safekeeping and administration of medications in any adult care facility

subject to the provisions of section four hundred sixty-c of this

article, in accordance with applicable provisions of law, and after

consultation with the state department of health and appropriate offices

of the state department of mental hygiene.

9. The department shall, with the consent of a resident living in a

facility which has received the lowest rating for eighteen months from

the effective date of this subdivision, pursuant to section four hundred

sixty-one-n of this title, present the resident and any person

designated by the resident with options on relocating such resident to a

facility which has obtained a higher rating, or other housing

alternatives.