§ 461-C — Resident care, services and charges

§ 461-c. Resident care, services and charges. 1. Every operator of an\nadult care facility, except a shelter for adults, shall execute with\neach applicant for admission a written admission agreement, dated and\nsigned by the operator and the parties to be charged, which shall\ncontain the entire agreement of the parties and such other information\nas department regulations shall require.\n 2. Such agreement executed pursuant to subdivision one of this section\nshall enumerate in such detail as may be required by department\nregulation all charges, expenses and other assessments, if any, for\nservices, materials, equipment and food, required by law or regulations\nand other services, materials, equipment and food which such operator\nagrees to furnish and supply to such resident during the period of\nresidency. No additional charges or expenses may be assessed against any\nresident of a residence for adults, adult home or enriched housing\nprogram, in excess of that contained in such agreement, except (a) upon\nexpress written approval and authority of the resident, or his or her\nsponsor, if any, or (b) in order to provide additional care, services or\nsupplies, upon the express order of the attending physician of the\nresident, or (c) upon thirty days notice to the resident and to his or\nher sponsor, if any, of additional charges and expenses due to increased\ncost of maintenance and operation. However, in the event of any\nemergency arising which affects such resident, additional charges may be\nassessed for the benefit of such resident as are reasonable and\nnecessary for services, materials, equipment and food furnished and\nsupplied during such emergency.\n 2-a. (a) There shall be an implied warranty of habitability in each\nwritten admission agreement executed pursuant to this section that shall\nensure the premises be fit for human habitation and for the uses\nreasonably intended by the operator and the resident and that the\noccupants of the facility shall not be subjected to any conditions which\nwould be dangerous, hazardous or detrimental to their life, health,\nsafety or welfare. Such statement shall not be read to be in any way\nlimiting a resident's rights to relief in an administrative or judicial\nproceeding.\n (b) An action for breach of the warranty of habitability and any\nviolation of a written admission agreement may be maintained in a court\nof competent jurisdiction by the resident or representative of the\nresident. The court shall apply New York Rules of Court Part 130 to any\naction brought pursuant to this section.\n 3. The written agreement executed pursuant to subdivision one of this\nsection shall include a statement indicating that the resident and any\nperson designated by the resident shall be notified by the operator at\nthe request of the resident pursuant to regulations promulgated by the\ndepartment and, shall be provided written notification by the facility\nnot less than thirty days prior to a termination of the resident's\nadmission and services agreement; a statement that upon discharge or\ntransfer, the resident and any person designated by the resident shall\nbe notified by the operator at the request of the resident pursuant to\nregulations promulgated by the department and, is entitled to a final\nwritten statement of his or her account and that the resident is\nentitled to the prompt return, within three business days, of any of his\nor her money, property or thing of value held in trust or in custody by\nthe facility; a statement which details any and all money, property or\nthing of value which is given, or promised to be given to the facility\non admission or at any other time, including any agreements made by\nthird parties for the benefit of a resident; and such other provisions\nas the department determines necessary to fully inform the resident of\nthose items of care, services, materials, equipment and food that must\nbe provided by the facility pursuant to other applicable laws and\nregulations, and the frequency thereof, and any additional items of\ncare, services, materials, equipment and food that the facility may in\nits discretion agree to provide, and the frequency thereof. Waiver of\nany provision contained herein by a resident shall be void. Such\nstatement as herein provided shall be annexed to the admission\nagreement.\n 4. No resident of an adult care facility who is entitled to receive a\npersonal allowance pursuant to the provisions of section one hundred\nthirty-one-o of this chapter shall be required to use any of the\nproceeds from such allowance to pay the operator of an adult care\nfacility for any services or supplies, unless the resident elects to\npurchase such services or supplies and the department has determined\nthat such services or supplies are not otherwise required to be provided\nby the operator pursuant to law, regulation or agreement and the charges\nfor such services or supplies are reasonable.\n 5. Whenever a resident authorizes an operator of an adult care\nfacility or any person affiliated therewith, to exercise control over\nhis or her money, property or thing of value, such authorization shall\nbe in writing and subscribed by the parties to be charged. Any such\nmoney, property or thing of value belonging to the resident shall not be\nmingled with the funds or become an asset of the person receiving the\nsame, but shall be segregated and recorded on the facility's financial\nrecords as independent accounts.\n 6. No adult care facility shall receive or retain any person who is in\nneed of continual medical or nursing care as provided by facilities\nlicensed pursuant to article twenty-eight of the public health law or\narticles nineteen, twenty-three, thirty-one and thirty-two of the mental\nhygiene law.\n 7. (a) At the time of the admission to an adult care facility, other\nthan a shelter for adults, a resident shall submit to the facility a\nwritten report from a physician, a physician assistant or a nurse\npractitioner, which report shall state:\n (i) that the physician, physician assistant or nurse practitioner has\nphysically examined the resident within one month and the date of such\nexamination;\n (ii) that the resident is not in need of acute or long term medical or\nnursing care which would require placement in a hospital or residential\nhealth care facility; and\n (iii) that the resident is not otherwise medically or mentally\nunsuited for care in the facility.\n (b) For the purpose of creating an accessible and available record and\nassuring that a resident is properly placed in such a facility, the\nreport shall also contain the resident's significant medical history and\ncurrent conditions, the prescribed medication regimen, and\nrecommendations for diet, the assistance needed in the activities of\ndaily living and where appropriate, recommendations for exercise,\nrecreation and frequency of medical examinations.\n (c) Such resident shall thereafter be examined by a physician, a\nphysician assistant or a nurse practitioner, at least annually and shall\nsubmit an annual written report in conformity with the provisions of\nthis subdivision.\n (d) Following a resident's stay in a hospital or residential health\ncare facility, upon return to the adult care facility, the adult care\nfacility shall not be required to obtain the report in paragraph (a) of\nthis subdivision, and instead shall obtain a statement from the\ndischarging facility which shall:\n (i) state that the resident is appropriate to return to the facility;\nand\n (ii) include the reason for the resident's stay, the treatment plan to\nbe followed, and any new or changed orders, including medications.\n The statement shall be completed by a physician, a physician assistant\nor a nurse practitioner.\n (e) Nothing required in this section shall require the use of an\nidentical form in adult care facilities and assisted living residences,\neither upon admission or return.\n 8. The department shall promulgate regulations with respect to the\nsafekeeping and administration of medications in any adult care facility\nsubject to the provisions of section four hundred sixty-c of this\narticle, in accordance with applicable provisions of law, and after\nconsultation with the state department of health and appropriate offices\nof the state department of mental hygiene.\n 9. The department shall, with the consent of a resident living in a\nfacility which has received the lowest rating for eighteen months from\nthe effective date of this subdivision, pursuant to section four hundred\nsixty-one-n of this title, present the resident and any person\ndesignated by the resident with options on relocating such resident to a\nfacility which has obtained a higher rating, or other housing\nalternatives.\n