NY Pub Health L § 4659 (2021)
2021 New York Laws PBH - Public Health Article 46-A - Fee-for-Service Continuing Care Retirement Communities Demonstration Program 4659 - Fee-for-Service Continuing Care Contract.

* §  4659. Fee-for-service continuing care contract. A fee-for-service   continuing care contract shall contain all of the following  information   in  no less than twelve point type and in plain language, in addition to   any other terms or matter as may be required by regulations  adopted  by   the council and issued by the commissioner:1. The amount of all money transferred, including, but not limited to,   donations,  subscriptions, deposits, fees, and any other amounts paid or   payable by, or on behalf of, the resident or residents;2. A description of all services which are  to  be  furnished  by  the   operator,  a description of any fees in addition to the entrance fee and   periodic charges provided for in the contract, and the conditions  under   which  the  fees  may  be  adjusted, provided that an operator shall not   charge any non-refundable application fee to a prospective resident  who   has  paid  a  non-refundable  priority reservation agreement application   fee;3. The procedures of the community relating to a resident's failure to   pay the required monthly fees;4. A statement of the figures and terms  concerning  the  entry  of  a   spouse to the community and the consequences if the spouse does not meet   the requirements for entry;5.  A statement of the terms and conditions under which a contract may   be canceled by the operator or by a resident and  the  conditions  under   which  all  or  any  portion of the entrance fee will be refunded by the   operator,  including  the  mandatory  refund  provisions  set  forth  in   sections forty-six hundred sixty and forty-six hundred sixty-two of this   article;6.  The  procedures  and  conditions  under  which  a  resident may be   transferred from his or her living unit including a statement  that,  at   the  time  of  transfer,  the resident will be given the reasons for the   transfer; the process by which a transfer decision is made; the  persons   with  the  authority  to make the decision to transfer; a description of   any change in charges to be  paid  by  the  resident  for  services  not   covered  by  the  contract  fees  as  a  result  of  the transfer; and a   statement regarding the disposition of and the right to  return  to  the   living unit in cases of temporary and permanent transfers;7.  A statement that, if the resident dies prior to occupancy date or,   through illness, injury or  incapacity  is  precluded  from  becoming  a   resident  under the terms of the contract, the contract is automatically   rescinded and the resident or his  or  her  legal  representative  shall   receive  a  full  refund  of all moneys paid to the facility, except for   those costs specifically incurred by the facility at the request of  the   resident  and set forth in writing in a separate addendum, signed by the   parties to the contract;8. A statement of the conditions under which all or any portion of the   entrance fee will be released to the operator  before  the  living  unit   becomes available for occupancy, and a statement of the conditions under   which  all  or  any portion of that fee will be refunded in the event of   the death of the resident and/or spouse following occupancy of a  living   unit,  including  the  mandatory  refund provisions set forth in section   forty-six hundred sixty of this article;9. A statement of the advance notice to be provided the  resident,  of   not  less  than sixty days, of any change in fees or charges or scope of   care or services;10. A statement that no act, agreement, or statement of any  resident,   or  of  an individual purchasing care for a resident under any agreement   to furnish care to the resident, shall constitute a valid waiver of  any   provision  of this article or of any regulation enacted pursuant thereto    intended for the benefit or protection of the resident or the individual   purchasing care for the resident;11.  A  description of the reinstatement policies if a resident leaves   the facility or the contract is canceled;12. A statement that  internal  procedures  to  resolve  disputes  and   grievances have been established, and residents notified of them;13.  A  statement  of  the  grace  period,  if any, for the payment of   periodic fees without a penalty, and the extent of any penalty  for  the   late payment thereof;14.  A  statement that any amendment to the contract and any change in   fees or charges, other than those within the guidelines of  an  approved   rating system, must be approved by the commissioner;15.  A statement that property shall not be substituted as payment for   either the entrance fee or monthly fee; and16. A statement whether the fee-for-service continuing  care  contract   includes  any  ownership,  beneficial or trust interest in the assets of   the operator, the assets of the facility, or both. Assets shall include,   but are not limited to, property, trusts, reserves, interest  and  other   assets.* NB There are 2 § 4659's