NY Soc Serv L § 461-C (2021)
2021 New York Laws SOS - Social Services Article 7 - Residential Care Programs for Adults and Children Title 2 - Residential Programs for Adults 461-C - Resident Care, Services and Charges.

§  461-c. Resident care, services and charges. 1. Every operator of an adult care facility, except a shelter for  adults,  shall  execute  with each  applicant  for  admission a written admission agreement, dated and signed by the operator and  the  parties  to  be  charged,  which  shall contain  the  entire agreement of the parties and such other information as department regulations shall require.   2. Such agreement executed pursuant to subdivision one of this section shall enumerate  in  such  detail  as  may  be  required  by  department regulation  all  charges,  expenses  and  other assessments, if any, for services, materials, equipment and food, required by law or  regulations and  other  services,  materials, equipment and food which such operator agrees to furnish and supply to  such  resident  during  the  period  of residency. No additional charges or expenses may be assessed against any resident  of  a  residence  for  adults,  adult home or enriched housing program, in excess of that contained in such agreement, except (a)  upon express  written  approval  and authority of the resident, or his or her sponsor, if any, or (b) in order to provide additional care, services or supplies, upon the express order  of  the  attending  physician  of  the resident,  or  (c) upon thirty days notice to the resident and to his or her sponsor, if any, of additional charges and expenses due to increased cost of  maintenance  and  operation.  However,  in  the  event  of  any emergency arising which affects such resident, additional charges may be assessed  for  the  benefit  of  such  resident  as  are  reasonable and necessary for services, materials,  equipment  and  food  furnished  and supplied during such emergency.   2-a.  (a)  There  shall be an implied warranty of habitability in each written admission agreement executed pursuant to this section that shall ensure the premises be  fit  for  human  habitation  and  for  the  uses reasonably  intended  by  the  operator  and  the  resident and that the occupants of the facility shall not be subjected to any conditions which would be dangerous, hazardous or  detrimental  to  their  life,  health, safety  or  welfare.  Such  statement shall not be read to be in any way limiting a resident's rights to relief in an administrative or  judicial proceeding.  (b)  An  action  for  breach  of  the warranty of habitability and any violation of a written admission agreement may be maintained in a  court of  competent  jurisdiction  by  the  resident  or representative of the resident. The court shall apply New York Rules of Court Part 130 to  any action brought pursuant to this section.   3.  The written agreement executed pursuant to subdivision one of this section shall include a statement indicating that the resident  and  any person  designated  by the resident shall be notified by the operator at the request of the resident pursuant to regulations promulgated  by  the department  and,  shall be provided written notification by the facility not less than thirty days prior  to  a  termination  of  the  resident's admission  and  services  agreement;  a statement that upon discharge or transfer, the resident and any person designated by the  resident  shall be  notified  by the operator at the request of the resident pursuant to regulations promulgated by the department and, is entitled  to  a  final written  statement  of  his  or  her  account  and  that the resident is entitled to the prompt return, within three business days, of any of his or her money, property or thing of value held in trust or in custody  by the  facility;  a statement which details any and all money, property or thing of value which is given, or promised to be given to  the  facility on  admission  or  at  any  other time, including any agreements made by third parties for the benefit of a resident; and such  other  provisions as  the  department determines necessary to fully inform the resident of those items of care, services, materials, equipment and food  that  must  be  provided  by  the  facility  pursuant  to  other applicable laws and regulations, and the frequency thereof,  and  any  additional  items  of care,  services,  materials, equipment and food that the facility may in its  discretion  agree  to provide, and the frequency thereof. Waiver of any provision contained  herein  by  a  resident  shall  be  void.  Such statement   as  herein  provided  shall  be  annexed  to  the  admission agreement.   4. No resident of an adult care facility who is entitled to receive  a personal  allowance  pursuant  to  the provisions of section one hundred thirty-one-o of this chapter  shall  be  required  to  use  any  of  the proceeds  from  such  allowance  to  pay  the  operator of an adult care facility for any services or supplies, unless  the  resident  elects  to purchase  such  services  or  supplies and the department has determined that such services or supplies are not otherwise required to be provided by the operator pursuant to law, regulation or agreement and the charges for such services or supplies are reasonable.   5. Whenever a  resident  authorizes  an  operator  of  an  adult  care facility  or  any  person affiliated therewith, to exercise control over his or her money, property or thing of value, such  authorization  shall be  in  writing  and  subscribed by the parties to be charged.  Any such money, property or thing of value belonging to the resident shall not be mingled with the funds or become an asset of the  person  receiving  the same,  but  shall be segregated and recorded on the facility's financial records as independent accounts.   6. No adult care facility shall receive or retain any person who is in need of continual medical or nursing  care  as  provided  by  facilities licensed  pursuant  to  article twenty-eight of the public health law or articles nineteen, twenty-three, thirty-one and thirty-two of the mental hygiene law.   7. (a) At the time of the admission to an adult care  facility,  other than  a  shelter  for  adults, a resident shall submit to the facility a written report from a  physician,  a  physician  assistant  or  a  nurse practitioner, which report shall state:  (i)  that the physician, physician assistant or nurse practitioner has physically examined the resident within one month and the date  of  such examination;  (ii) that the resident is not in need of acute or long term medical or nursing  care which would require placement in a hospital or residential health care facility; and  (iii) that  the  resident  is  not  otherwise  medically  or  mentally unsuited for care in the facility.  (b) For the purpose of creating an accessible and available record and assuring  that  a  resident  is  properly placed in such a facility, the report shall also contain the resident's significant medical history and current   conditions,   the   prescribed   medication    regimen,    and recommendations  for  diet,  the  assistance needed in the activities of daily  living  and  where  appropriate,  recommendations  for  exercise, recreation and frequency of medical examinations.  (c)  Such  resident  shall  thereafter  be  examined by a physician, a physician assistant or a nurse practitioner, at least annually and shall submit an annual written report in conformity  with  the  provisions  of this subdivision.  (d)  Following  a  resident's stay in a hospital or residential health care facility, upon return to the adult care facility,  the  adult  care facility  shall not be required to obtain the report in paragraph (a) of this  subdivision,  and  instead  shall  obtain  a  statement  from  the discharging facility which shall:  (i)  state that the resident is appropriate to return to the facility; and  (ii) include the reason for the resident's stay, the treatment plan to be followed, and any new or changed orders, including medications.   The statement shall be completed by a physician, a physician assistant or a nurse practitioner.  (e)  Nothing  required  in  this  section  shall require the use of an identical form in adult care facilities and assisted living  residences, either upon admission or return.   8.  The  department  shall  promulgate regulations with respect to the safekeeping and administration of medications in any adult care facility subject to the provisions  of  section  four  hundred  sixty-c  of  this article,  in  accordance  with  applicable  provisions of law, and after consultation with the state department of health and appropriate offices of the state department of mental hygiene.   9. The department shall, with the consent of a resident  living  in  a facility  which  has received the lowest rating for eighteen months from the effective date of this subdivision, pursuant to section four hundred sixty-one-n  of  this  title,  present  the  resident  and  any   person designated by the resident with options on relocating such resident to a facility   which   has  obtained  a  higher  rating,  or  other  housing alternatives.