NY Soc Serv L § 461-G (2021)
2021 New York Laws SOS - Social Services Article 7 - Residential Care Programs for Adults and Children Title 2 - Residential Programs for Adults 461-G - Termination of Admission Agreements.

§  461-g.  Termination  of  admission  agreements.   1. No adult home, residence for adults or enriched housing program  which  is  subject  to certification  and  supervision  of  the  department shall terminate the admission agreement of any resident of such facility  and  involuntarily discharge him therefrom except for the following reasons:  (a)  the  need  of  the resident for continual medical or nursing care which the adult home, residence for adults or enriched  housing  program cannot provide;  (b)  behavior  of  the  resident which poses imminent risk of death or imminent risk of serious physical harm to such  resident  or  any  other person;  (c)  failure of the resident to make timely payment for all authorized charges, expenses and other assessments, if any, for services  including use  and  occupancy of the premises, materials, equipment and food which the resident has agreed to pay pursuant to the resident's admission  and services agreement;  (d)  repeated  behavior  of  the  resident  which directly impairs the well-being, care or safety of the resident  or  any  other  resident  or which  substantially  interferes  with  the  orderly  operation  of  the facility;  (e) the facility has had its operating certificate limited, revoked or temporarily suspended pursuant  to  subdivision  four  of  section  four hundred  sixty-d  of  this  article,  or  the  operator  has voluntarily surrendered  the  operating  certificate  for  the   facility   to   the department; or  (f)  a  receiver  has  been  appointed  pursuant  to the provisions of section four hundred sixty-one-f of this article  and,  as  required  by such  section, is providing for the orderly transfer of all residents in the facility to other facilities or is making other provisions  for  the residents' continued safety and care.   2.  (a)  No admission agreement shall be terminated and no resident of an  adult  home,  residence  for  adults  or  enriched  housing  program involuntarily  discharged for the reasons stated in paragraphs (a), (b), (c), (d) or (e) of subdivision one  of  this  section  unless:  (i)  the operator gives at least thirty days written notice, on a form prescribed by  the  department, to the resident, the resident's next of kin and the person designated in the admission agreement as the  responsible  party, if  any,  that the resident's admission agreement will be terminated and the resident discharged; (ii) such notice contains the  reason  for  the termination of the admission agreement, the date that the discharge will occur,  a  statement  that  the  resident  has  a right to object to the termination  of  the  resident's  admission  agreement  and   subsequent discharge,  and  a  statement  that  if  the resident does not leave the facility voluntarily, the operator, in order to terminate the  admission agreement  and  discharge  the resident, will be required to originate a proceeding  pursuant  to  the  provisions  of   section   four   hundred sixty-one-h  of  this  article;  (iii)  the  operator  furnishes  to the resident a list of free legal services agencies  within  the  facility's geographical  area  and  a  list  of other available community resources which provide resident advocacy services, including the social  services district,  which  lists  shall  be  provided  to  the  operator  by  the department; and (iv) the operator institutes  a  special  proceeding  in accordance  with  the  provisions of section four hundred sixty-one-h of this article.  (b) No admission agreement shall be terminated and the resident of  an adult   home,   residence   for   adults  or  enriched  housing  program involuntarily discharged for the  reason  stated  in  paragraph  (c)  of subdivision  one of this section, if the reason that the resident failed  to pay the authorized charges was an interruption in the receipt by such resident of any public benefits to  which  such  resident  is  entitled, unless the operator of the facility, during the thirty day notice period provided  for  in subparagraph (i) of paragraph (a) of this subdivision, as part of the  provision  of  case  management  services,  assists  the resident, who shall cooperate with the operator, in attempting to obtain such  public  benefits  or  any  supplemental  public benefits which are available  to  persons  who  have  not  received  their  regular  public benefits.  (c)  The  admission  agreement  of  a  resident in an enriched housing program may be terminated and the resident discharged  pursuant  to  the provisions  of this section and section four hundred sixty-one-h of this article; provided, however, where such resident has  an  existing  lease with  the  landlord  of the premises in which the program is housed, the resident may not be involuntarily removed from the premises pursuant  to this  section  and  section  four  hundred  sixty-one-h of this article, except in accordance with the provisions of such  lease  and  applicable law and regulation.   3.  (a)  Nothing  in this section shall prohibit: (i) the removal of a resident from a facility, for medical treatment or care, to a  hospital, nursing  home or residential health care facility, as defined in section twenty-eight hundred one of the public health law, or to a  hospital  as defined  in  section 1.03 of the mental hygiene law; or (ii) the removal from the facility of a resident whose behavior poses an imminent risk of death or imminent risk of serious physical harm to such resident or  any other person, by a peace officer, acting pursuant to his special duties, or  a police officer, who is a member of an authorized police department or force or a sheriff's  department;  or  (iii)  the  removal  from  the facility  of  a resident, whose behavior poses an imminent risk of death or imminent risk of serious physical harm, to a location  which  ensures the resident's safety, pursuant to regulations of the department.  (b)  Such  removal  shall  not  be  deemed  to be a termination of the admission agreement. Such removal shall not relieve the operator of  the facility  from  the requirement of proceeding, subsequent to the removal of the resident, in  accordance  with  this  section  and  section  four hundred  sixty-one-h of this article in order to terminate the admission agreement to prevent the  resident from returning to the facility.  When an  operator proceeds subsequent to the removal of the resident from the facility, to terminate  the  admission  agreement,  the  written  notice required  to  be  given to the resident by subparagraph (i) of paragraph (a) of subdivision two of this section shall be personally delivered  to the  resident  at the location to which he has been removed. If personal delivery is not possible, then such notice  shall  be  served  upon  the resident  by any of the methods permitted by section three hundred eight of the civil practice law and rules.