2023 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.