§ 4658*2 — Residency agreement and disclosures

* § 4658. Residency agreement and disclosures. 1. Every operator shall\nexecute with each resident a written residency agreement, in no less\nthan twelve point type and written in plain language, which satisfies\nthe requirements of this section. Such agreement shall:\n (a) be dated and signed by the operator, the resident, resident's\nrepresentative, and resident's legal representative, if any, and any\nother party to be charged under the agreement;\n (b) contain the entire agreement of the parties and shall include the\ndisclosures required by subdivision three of this section.\n 1-a. The resident, resident's representative and resident's legal\nrepresentative, if any, shall be given a complete copy of the agreement\nand all supporting documents and attachments and any changes whenever\nchanges are made to the agreement.\n 2. The residency agreement shall include, at a minimum:\n (a) the name, telephone number, street address and mailing address of\nthe residence;\n (b) the name and mailing address of the owner of the residence and at\nleast one natural person authorized to accept personal service on behalf\nof the owner of the residence;\n (c) the name and address of the assisted living operator and at least\none natural person authorized to accept personal service on behalf of\nthe operator;\n (d) a statement, to be updated as necessary, describing the licensure\nor certification status of the assisted living operator and any provider\noffering home care services or personal care services under an\narrangement with the residence, including a specific listing of such\nproviders;\n (e) the effective period of the agreement;\n (f) a description of the services to be provided to the resident and\nthe base rate to be paid by the resident for those services;\n (g) a description of any additional services available for an\nadditional, supplemental, or community fee from the assisted living\noperator directly or through arrangements with the operator, stating who\nwould provide such services, if other than such operator;\n (h) a rate or fee schedule, including any additional, supplemental, or\ncommunity fees charged for services provided to the resident, with a\ndetailed explanation of which services and amenities are covered by such\nrates, fees, or charges;\n (i) a description of the process through which the agreement may be\nmodified, amended, or terminated, and setting forth the terms and time\nframes under which the agreement may be terminated by either party;\n (j) a description of the complaint resolution process available to\nresidents;\n (k) the name of the resident's representative and resident's legal\nrepresentative, if any, and a description of the representative's\nresponsibilities;\n (l) the criteria used by the operator to determine who may be admitted\nand who may continue to reside in the residence, including criteria\nrelated to the resident's care needs and compliance with reasonable\nrules of the residence;\n (m) procedures and standards for termination of contract, discharge\nand transfer to another dwelling or facility;\n (n) billing and payment procedures and requirements;\n (o) procedures in the event the resident, resident's representative or\nresident's legal representative are no longer able to pay for services\nprovided for in the resident agreement or for additional services or\ncare needed by the resident; and\n (p) terms governing the refund of any previously paid fees or charges\nin the event of a resident's discharge from the assisted living\nresidence or termination of the resident agreement.\n 3. In conjunction with any marketing materials and with the residency\nagreement required by this section, the assisted living operator shall\ndisclose on a separate information sheet in plain language and in twelve\npoint type the following to (a) any individual who expresses an interest\nin residing in the residence, and to his or her designated\nrepresentative and his or her legal representative, if any, upon request\nor prior to admission, whichever occurs first, and (b) any current\nresident and to his or her designated representative and his or her\nlegal representative, if any, if such information has not previously\nbeen disclosed to them:\n (i) the consumer information guide developed by the commissioner\npursuant to subdivision one of section forty-six hundred sixty-two of\nthis title;\n (ii) a statement listing the residence's licensure and if it has an\nenhanced assisted living certificate and/or special needs enhanced\nassisted living certificate and the availability of enhanced assisted\nliving and/or special needs beds;\n (iii) any ownership interest in excess of ten percent on the part of\nthe operator, whether legal or beneficial, in any entity which provides\ncare, material, equipment or other services to residents;\n (iv) any ownership interest in excess of ten percent on the part of\nany entity which provides care, material, equipment or other services to\nresidents, whether legal or beneficial, in the operator;\n (v) a statement regarding the ability of residents to receive services\nfrom service providers with whom the operator does not have an\narrangement;\n (vi) a statement that residents shall have the right to choose their\nhealth care providers, notwithstanding any other agreement to the\ncontrary;\n (vii) a statement regarding the availability of public funds for\npayment for residential, supportive or home health services including,\nbut not limited to availability of coverage of home health services\nunder title eighteen of the federal social security act (Medicare);\n (viii) the department's toll free telephone number for reporting of\ncomplaints regarding home care services and the services provided by the\nassisted living operator; and\n (ix) a statement regarding the availability of long term care\nombudsman services and the telephone number of the local and state long\nterm care ombudsman.\n 4. Assisted living residency agreements and related documents executed\nby each resident, resident's representative or resident's legal\nrepresentative shall be maintained by the operator in files from the\ndate of execution until three years after the agreement is terminated.\nThe agreements shall be made available for inspection by the\ncommissioner upon request at any time.\n * NB There are 2 § 4658's\n