2023 New York Laws › PBH - Public Health › Article 46-B - Assisted Living › Title 4 - General Requirements › 4660*2 - Rights of Residents in Assisted Living Residences.

* §  4660.  Rights  of residents in assisted living residences. 1. The
principals enunciated in subdivision three of this section are  declared
to  be  the  public  policy of the state and a copy of such statement of
rights and responsibilities shall be posted conspicuously  in  a  public
place in each residence covered hereunder.
2.  Every  assisted  living  residence  shall  adopt and make public a
statement of the rights and responsibilities of the  residents  residing
in such residence, and shall treat such residents in accordance with the
provisions of such statement.
3.  Resident's  rights  and responsibilities shall include, but not be
limited to the following:
(a)  every  resident's  participation  in  assisted  living  shall  be
voluntary,  and  prospective residents shall be provided with sufficient
information regarding the residence to make an informed choice regarding
participation and acceptance of services;
(b) every resident's civil  and  religious  liberties,  including  the
right  to  independent  personal  decisions  and  knowledge of available
choices, shall not be infringed;
(c) every resident shall have the right to have private communications
and consultations with his or her physician,  attorney,  and  any  other
person;
(d)  every  resident,  resident's  representative and resident's legal
representative, if any, shall have the right to  present  grievances  on
behalf  of  himself  or  herself  or  others,  to the residence's staff,
administrator or assisted living operator, to governmental officials, to
long term care  ombudsmen  or  to  any  other  person  without  fear  of
reprisal,  and  to  join  with  other residents or individuals within or
outside of the residence to work for improvements in resident care;
(e) every resident shall have the right  to  manage  his  or  her  own
financial affairs;
(f)  every  resident shall have the right to have privacy in treatment
and in caring for personal needs;
(g) every resident shall have the  right  to  confidentiality  in  the
treatment  of  personal,  social,  financial  and  medical  records, and
security in storing personal possessions;
(h) every resident shall have the right to receive courteous, fair and
respectful care and treatment and a written statement  of  the  services
provided  by the residence, including those required to be offered on an
as-needed basis;
(i) every resident shall have the right to receive or to send personal
mail or any other correspondence without interception or interference by
the operator or any person affiliated therewith;
(j) every resident shall have the right not to be coerced or  required
to perform the work of staff members or contractual work;
(k)  every  resident  shall  have  the  right to have security for any
personal possessions if stored by the operator;
(l) every resident shall  have  the  right  to  receive  adequate  and
appropriate  assistance  with  activities  of  daily living, to be fully
informed of their  medical  condition  and  proposed  treatment,  unless
medically  contraindicated,  and  to  refuse  medication,  treatment  or
services after being fully informed of the consequences of such actions,
provided that an operator shall not be  held  liable  or  penalized  for
complying  with the refusal of such medication, treatment or services by
a resident who has been fully  informed  of  the  consequences  of  such
refusal;
(m)  every  resident and visitor shall have the responsibility to obey
all reasonable regulations of the residence and to respect the  personal
rights and private property of the other residents;
(n)  every  resident  shall have the right to include their signed and
witnessed version of the events  leading  to  an  accident  or  incident
involving such resident in any report of such accident or incident;
(o)  every resident shall have the right to receive visits from family
members and other adults of the resident's choosing without interference
from the assisted living residence; and
(p) every resident shall have the right to written notice of  any  fee
increase  not  less than forty-five days prior to the proposed effective
date of the fee increase, provided however providing additional services
to a resident shall not be considered a fee increase  pursuant  to  this
paragraph.
Waiver  of  any  provision  contained within this subdivision shall be
void;
4. Each assisted living operator shall give a copy of the statement of
rights and responsibilities to each resident at or prior to the time  of
admission to the residence, the resident's representative and resident's
legal  representative,  if  any,  and  to each member of the residence's
staff and any current resident.
* NB There are 2 § 4660's