2023 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.