NY Pub Health L § 4658-2 (2021)
2021 New York Laws PBH - Public Health Article 46-B - Assisted Living Title 4 - General Requirements 4658*2 - Residency Agreement and Disclosures.

* § 4658. Residency agreement and disclosures. 1. Every operator shall execute  with  each  resident  a written residency agreement, in no less than twelve point type and written in plain  language,  which  satisfies the requirements of this section. Such agreement shall:  (a)  be  dated  and  signed  by the operator, the resident, resident's representative, and resident's legal representative,  if  any,  and  any other party to be charged under the agreement;  (b)  contain the entire agreement of the parties and shall include the disclosures required by subdivision three of this section.   1-a. The resident,  resident's  representative  and  resident's  legal representative,  if any, shall be given a complete copy of the agreement and all supporting documents and attachments and  any  changes  whenever changes are made to the agreement.   2. The residency agreement shall include, at a minimum:  (a)  the name, telephone number, street address and mailing address of the residence;  (b) the name and mailing address of the owner of the residence and  at least one natural person authorized to accept personal service on behalf of the owner of the residence;  (c)  the name and address of the assisted living operator and at least one natural person authorized to accept personal service  on  behalf  of the operator;  (d)  a statement, to be updated as necessary, describing the licensure or certification status of the assisted living operator and any provider offering  home  care  services  or  personal  care  services  under   an arrangement  with  the  residence,  including a specific listing of such providers;  (e) the effective period of the agreement;  (f) a description of the services to be provided to the  resident  and the base rate to be paid by the resident for those services;  (g)  a  description  of  any  additional  services  available  for  an additional, supplemental, or community  fee  from  the  assisted  living operator directly or through arrangements with the operator, stating who would provide such services, if other than such operator;  (h) a rate or fee schedule, including any additional, supplemental, or community  fees  charged  for  services provided to the resident, with a detailed explanation of which services and amenities are covered by such rates, fees, or charges;  (i) a description of the process through which the  agreement  may  be modified,  amended,  or terminated, and setting forth the terms and time frames under which the agreement may be terminated by either party;  (j) a description of the complaint  resolution  process  available  to residents;  (k)  the  name  of  the resident's representative and resident's legal representative, if  any,  and  a  description  of  the  representative's responsibilities;  (l) the criteria used by the operator to determine who may be admitted and  who  may  continue  to  reside in the residence, including criteria related to the resident's care  needs  and  compliance  with  reasonable rules of the residence;  (m)  procedures  and  standards for termination of contract, discharge and transfer to another dwelling or facility;  (n) billing and payment procedures and requirements;  (o) procedures in the event the resident, resident's representative or resident's legal representative are no longer able to pay  for  services provided  for  in  the  resident agreement or for additional services or care needed by the resident; and  (p) terms governing the refund of any previously paid fees or  charges in  the  event  of  a  resident's  discharge  from  the  assisted living residence or termination of the resident agreement.   3.  In conjunction with any marketing materials and with the residency agreement required by this section, the assisted living  operator  shall disclose on a separate information sheet in plain language and in twelve point type the following to (a) any individual who expresses an interest in   residing   in   the   residence,  and  to  his  or  her  designated representative and his or her legal representative, if any, upon request or prior to admission, whichever  occurs  first,  and  (b)  any  current resident  and  to  his  or  her designated representative and his or her legal representative, if any, if such  information  has  not  previously been disclosed to them:  (i)  the  consumer  information  guide  developed  by the commissioner pursuant to subdivision one of section forty-six  hundred  sixty-two  of this title;  (ii)  a  statement  listing the residence's licensure and if it has an enhanced assisted  living  certificate  and/or  special  needs  enhanced assisted  living  certificate  and the availability of enhanced assisted living and/or special needs beds;  (iii) any ownership interest in excess of ten percent on the  part  of the  operator, whether legal or beneficial, in any entity which provides care, material, equipment or other services to residents;  (iv) any ownership interest in excess of ten percent on  the  part  of any entity which provides care, material, equipment or other services to residents, whether legal or beneficial, in the operator;  (v) a statement regarding the ability of residents to receive services from  service  providers  with  whom  the  operator  does  not  have  an arrangement;  (vi) a statement that residents shall have the right to  choose  their health  care  providers,  notwithstanding  any  other  agreement  to the contrary;  (vii) a statement regarding  the  availability  of  public  funds  for payment  for  residential, supportive or home health services including, but not limited to availability of  coverage  of  home  health  services under title eighteen of the federal social security act (Medicare);  (viii)  the  department's  toll free telephone number for reporting of complaints regarding home care services and the services provided by the assisted living operator; and  (ix)  a  statement  regarding  the  availability  of  long  term  care ombudsman  services and the telephone number of the local and state long term care ombudsman.   4. Assisted living residency agreements and related documents executed by  each  resident,  resident's  representative  or   resident's   legal representative  shall  be  maintained  by the operator in files from the date of execution until three years after the agreement  is  terminated. The   agreements   shall   be  made  available  for  inspection  by  the commissioner upon request at any time.   * NB There are 2 § 4658's