NY Pub Health L § 4657-2 (2021)
2021 New York Laws PBH - Public Health Article 46-B - Assisted Living Title 4 - General Requirements 4657*2 - Residency Admission.

* §  4657.  Residency  admission. 1. An assisted living operator shall conduct an initial pre-admission evaluation of a prospective resident to determine whether or not the individual is appropriate for admission  to the assisted living residence. Such evaluation shall be conducted by the operator  and,  if  necessary,  in conjunction with a home care services agency or appropriate employee pursuant to paragraph (d) of  subdivision one of section four thousand six hundred fifty-five of this article. The operator  shall  conduct  all  such evaluations using an evaluation tool developed by the department, to be based on the recommendations  of  the task  force  created pursuant to section five of the chapter of the laws of two thousand four which added this section or one  developed  by  the operator that receives approval by the department.   2.  The  assisted  living operator shall not admit any resident if the operator is not able to meet the care needs of the resident  within  the scope  of services authorized under this article, and the individualized service plan;  provided,  further  that  no  operator  shall  admit  any resident in need of twenty-four hour skilled nursing care.   3. (a) At the time of the admission to an assisted living residence, 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 unsuitable 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 contain the  resident's  significant  medical  history  and current  conditions,  the prescribed medication regimen, 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  assisted  living  residence, the assisted living residence 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 residence; and  (ii) include the reason  for  the  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 subdivision shall require the use of an identical form in adult care facilities and assisted living  residences, either upon admission or return.   * NB There are 2 § 4657's