§ 4660*2 — Rights of residents in assisted living residences

New York § 4660*2

• Jurisdiction: New York
• Law PBH: Public Health
• Title 4: General Requirements
• Art. 46-B: Assisted Living

Text

* § 4660. Rights of residents in assisted living residences. 1. The\nprincipals enunciated in subdivision three of this section are declared\nto be the public policy of the state and a copy of such statement of\nrights and responsibilities shall be posted conspicuously in a public\nplace in each residence covered hereunder.\n 2. Every assisted living residence shall adopt and make public a\nstatement of the rights and responsibilities of the residents residing\nin such residence, and shall treat such residents in accordance with the\nprovisions of such statement.\n 3. Resident's rights and responsibilities shall include, but not be\nlimited to the following:\n (a) every resident's participation in assisted living shall be\nvoluntary, and prospective residents shall be provided with sufficient\ninformation regarding the residence to make an informed choice regarding\nparticipation and acceptance of services;\n (b) every resident's civil and religious liberties, including the\nright to independent personal decisions and knowledge of available\nchoices, shall not be infringed;\n (c) every resident shall have the right to have private communications\nand consultations with his or her physician, attorney, and any other\nperson;\n (d) every resident, resident's representative and resident's legal\nrepresentative, if any, shall have the right to present grievances on\nbehalf of himself or herself or others, to the residence's staff,\nadministrator or assisted living operator, to governmental officials, to\nlong term care ombudsmen or to any other person without fear of\nreprisal, and to join with other residents or individuals within or\noutside of the residence to work for improvements in resident care;\n (e) every resident shall have the right to manage his or her own\nfinancial affairs;\n (f) every resident shall have the right to have privacy in treatment\nand in caring for personal needs;\n (g) every resident shall have the right to confidentiality in the\ntreatment of personal, social, financial and medical records, and\nsecurity in storing personal possessions;\n (h) every resident shall have the right to receive courteous, fair and\nrespectful care and treatment and a written statement of the services\nprovided by the residence, including those required to be offered on an\nas-needed basis;\n (i) every resident shall have the right to receive or to send personal\nmail or any other correspondence without interception or interference by\nthe operator or any person affiliated therewith;\n (j) every resident shall have the right not to be coerced or required\nto perform the work of staff members or contractual work;\n (k) every resident shall have the right to have security for any\npersonal possessions if stored by the operator;\n (l) every resident shall have the right to receive adequate and\nappropriate assistance with activities of daily living, to be fully\ninformed of their medical condition and proposed treatment, unless\nmedically contraindicated, and to refuse medication, treatment or\nservices after being fully informed of the consequences of such actions,\nprovided that an operator shall not be held liable or penalized for\ncomplying with the refusal of such medication, treatment or services by\na resident who has been fully informed of the consequences of such\nrefusal;\n (m) every resident and visitor shall have the responsibility to obey\nall reasonable regulations of the residence and to respect the personal\nrights and private property of the other residents;\n (n) every resident shall have the right to include their signed and\nwitnessed version of the events leading to an accident or incident\ninvolving such resident in any report of such accident or incident;\n (o) every resident shall have the right to receive visits from family\nmembers and other adults of the resident's choosing without interference\nfrom the assisted living residence; and\n (p) every resident shall have the right to written notice of any fee\nincrease not less than forty-five days prior to the proposed effective\ndate of the fee increase, provided however providing additional services\nto a resident shall not be considered a fee increase pursuant to this\nparagraph.\n Waiver of any provision contained within this subdivision shall be\nvoid;\n 4. Each assisted living operator shall give a copy of the statement of\nrights and responsibilities to each resident at or prior to the time of\nadmission to the residence, the resident's representative and resident's\nlegal representative, if any, and to each member of the residence's\nstaff and any current resident.\n * NB There are 2 § 4660's\n