2023 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