§ 4659 — Fee-for-service continuing care contract

New York § 4659

• Jurisdiction: New York
• Law PBH: Public Health
• Art. 46-A: Fee-for-service Continuing Care Retirement Communities Demonstration Program

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* § 4659. Fee-for-service continuing care contract. A fee-for-service\ncontinuing care contract shall contain all of the following information\nin no less than twelve point type and in plain language, in addition to\nany other terms or matter as may be required by regulations issued by\nthe commissioner:\n 1. The amount of all money transferred, including, but not limited to,\ndonations, subscriptions, deposits, fees, and any other amounts paid or\npayable by, or on behalf of, the resident or residents;\n 2. A description of all services which are to be furnished by the\noperator, a description of any fees in addition to the entrance fee and\nperiodic charges provided for in the contract, and the conditions under\nwhich the fees may be adjusted, provided that an operator shall not\ncharge any non-refundable application fee to a prospective resident who\nhas paid a non-refundable priority reservation agreement application\nfee;\n 3. The procedures of the community relating to a resident's failure to\npay the required monthly fees;\n 4. A statement of the figures and terms concerning the entry of a\nspouse to the community and the consequences if the spouse does not meet\nthe requirements for entry;\n 5. A statement of the terms and conditions under which a contract may\nbe canceled by the operator or by a resident and the conditions under\nwhich all or any portion of the entrance fee will be refunded by the\noperator, including the mandatory refund provisions set forth in\nsections forty-six hundred sixty and forty-six hundred sixty-two of this\narticle;\n 6. The procedures and conditions under which a resident may be\ntransferred from his or her living unit including a statement that, at\nthe time of transfer, the resident will be given the reasons for the\ntransfer; the process by which a transfer decision is made; the persons\nwith the authority to make the decision to transfer; a description of\nany change in charges to be paid by the resident for services not\ncovered by the contract fees as a result of the transfer; and a\nstatement regarding the disposition of and the right to return to the\nliving unit in cases of temporary and permanent transfers;\n 7. A statement that, if the resident dies prior to occupancy date or,\nthrough illness, injury or incapacity is precluded from becoming a\nresident under the terms of the contract, the contract is automatically\nrescinded and the resident or his or her legal representative shall\nreceive a full refund of all moneys paid to the facility, except for\nthose costs specifically incurred by the facility at the request of the\nresident and set forth in writing in a separate addendum, signed by the\nparties to the contract;\n 8. A statement of the conditions under which all or any portion of the\nentrance fee will be released to the operator before the living unit\nbecomes available for occupancy, and a statement of the conditions under\nwhich all or any portion of that fee will be refunded in the event of\nthe death of the resident and/or spouse following occupancy of a living\nunit, including the mandatory refund provisions set forth in section\nforty-six hundred sixty of this article;\n 9. A statement of the advance notice to be provided the resident, of\nnot less than sixty days, of any change in fees or charges or scope of\ncare or services;\n 10. A statement that no act, agreement, or statement of any resident,\nor of an individual purchasing care for a resident under any agreement\nto furnish care to the resident, shall constitute a valid waiver of any\nprovision of this article or of any regulation enacted pursuant thereto\nintended for the benefit or protection of the resident or the individual\npurchasing care for the resident;\n 11. A description of the reinstatement policies if a resident leaves\nthe facility or the contract is canceled;\n 12. A statement that internal procedures to resolve disputes and\ngrievances have been established, and residents notified of them;\n 13. A statement of the grace period, if any, for the payment of\nperiodic fees without a penalty, and the extent of any penalty for the\nlate payment thereof;\n 14. A statement that any amendment to the contract and any change in\nfees or charges, other than those within the guidelines of an approved\nrating system, must be approved by the commissioner;\n 15. A statement that property shall not be substituted as payment for\neither the entrance fee or monthly fee; and\n 16. A statement whether the fee-for-service continuing care contract\nincludes any ownership, beneficial or trust interest in the assets of\nthe operator, the assets of the facility, or both. Assets shall include,\nbut are not limited to, property, trusts, reserves, interest and other\nassets.\n * NB There are 2 § 4659's\n