2023 New York Laws › PBH - Public Health › Article 46-B - Assisted Living › Title 4 - General Requirements › 4658*2 - Residency Agreement and Disclosures.

* § 4658. Residency agreement and disclosures. 1. Every operator shall
execute  with  each  resident  a written residency agreement, in no less
than twelve point type and written in plain  language,  which  satisfies
the requirements of this section. Such agreement shall:
(a)  be  dated  and  signed  by the operator, the resident, resident's
representative, and resident's legal representative,  if  any,  and  any
other party to be charged under the agreement;
(b)  contain the entire agreement of the parties and shall include the
disclosures required by subdivision three of this section.
1-a. The resident,  resident's  representative  and  resident's  legal
representative,  if any, shall be given a complete copy of the agreement
and all supporting documents and attachments and  any  changes  whenever
changes are made to the agreement.
2. The residency agreement shall include, at a minimum:
(a)  the name, telephone number, street address and mailing address of
the residence;
(b) the name and mailing address of the owner of the residence and  at
least one natural person authorized to accept personal service on behalf
of the owner of the residence;
(c)  the name and address of the assisted living operator and at least
one natural person authorized to accept personal service  on  behalf  of
the operator;
(d)  a statement, to be updated as necessary, describing the licensure
or certification status of the assisted living operator and any provider
offering  home  care  services  or  personal  care  services  under   an
arrangement  with  the  residence,  including a specific listing of such
providers;
(e) the effective period of the agreement;
(f) a description of the services to be provided to the  resident  and
the base rate to be paid by the resident for those services;
(g)  a  description  of  any  additional  services  available  for  an
additional, supplemental, or community  fee  from  the  assisted  living
operator directly or through arrangements with the operator, stating who
would provide such services, if other than such operator;
(h) a rate or fee schedule, including any additional, supplemental, or
community  fees  charged  for  services provided to the resident, with a
detailed explanation of which services and amenities are covered by such
rates, fees, or charges;
(i) a description of the process through which the  agreement  may  be
modified,  amended,  or terminated, and setting forth the terms and time
frames under which the agreement may be terminated by either party;
(j) a description of the complaint  resolution  process  available  to
residents;
(k)  the  name  of  the resident's representative and resident's legal
representative, if  any,  and  a  description  of  the  representative's
responsibilities;
(l) the criteria used by the operator to determine who may be admitted
and  who  may  continue  to  reside in the residence, including criteria
related to the resident's care  needs  and  compliance  with  reasonable
rules of the residence;
(m)  procedures  and  standards for termination of contract, discharge
and transfer to another dwelling or facility;
(n) billing and payment procedures and requirements;
(o) procedures in the event the resident, resident's representative or
resident's legal representative are no longer able to pay  for  services
provided  for  in  the  resident agreement or for additional services or
care needed by the resident; and
(p) terms governing the refund of any previously paid fees or  charges
in  the  event  of  a  resident's  discharge  from  the  assisted living
residence or termination of the resident agreement.
3.  In conjunction with any marketing materials and with the residency
agreement required by this section, the assisted living  operator  shall
disclose on a separate information sheet in plain language and in twelve
point type the following to (a) any individual who expresses an interest
in   residing   in   the   residence,  and  to  his  or  her  designated
representative and his or her legal representative, if any, upon request
or prior to admission, whichever  occurs  first,  and  (b)  any  current
resident  and  to  his  or  her designated representative and his or her
legal representative, if any, if such  information  has  not  previously
been disclosed to them:
(i)  the  consumer  information  guide  developed  by the commissioner
pursuant to subdivision one of section forty-six  hundred  sixty-two  of
this title;
(ii)  a  statement  listing the residence's licensure and if it has an
enhanced assisted  living  certificate  and/or  special  needs  enhanced
assisted  living  certificate  and the availability of enhanced assisted
living and/or special needs beds;
(iii) any ownership interest in excess of ten percent on the  part  of
the  operator, whether legal or beneficial, in any entity which provides
care, material, equipment or other services to residents;
(iv) any ownership interest in excess of ten percent on  the  part  of
any entity which provides care, material, equipment or other services to
residents, whether legal or beneficial, in the operator;
(v) a statement regarding the ability of residents to receive services
from  service  providers  with  whom  the  operator  does  not  have  an
arrangement;
(vi) a statement that residents shall have the right to  choose  their
health  care  providers,  notwithstanding  any  other  agreement  to the
contrary;
(vii) a statement regarding  the  availability  of  public  funds  for
payment  for  residential, supportive or home health services including,
but not limited to availability of  coverage  of  home  health  services
under title eighteen of the federal social security act (Medicare);
(viii)  the  department's  toll free telephone number for reporting of
complaints regarding home care services and the services provided by the
assisted living operator; and
(ix)  a  statement  regarding  the  availability  of  long  term  care
ombudsman  services and the telephone number of the local and state long
term care ombudsman.
4. Assisted living residency agreements and related documents executed
by  each  resident,  resident's  representative  or   resident's   legal
representative  shall  be  maintained  by the operator in files from the
date of execution until three years after the agreement  is  terminated.
The   agreements   shall   be  made  available  for  inspection  by  the
commissioner upon request at any time.
* NB There are 2 § 4658's