New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter X - Assisted Living Residences › Part 1001 - Assisted Living Residences › Section 1001.8 - Consumer and resident protections

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				General. An operator of an assisted living residence must provide each resident
				with considerate and respectful care and promote the resident's dignity,
				autonomy, independence and privacy in the least restrictive and most home-like
				setting commensurate with the resident's preferences and physical and mental
				status.
(b) Resident rights.
(1) Each operator of an assisted living
				residence must adopt and post conspicuously in a public place in the residence
				a statement of the rights and responsibilities of residents and shall treat
				each resident in accordance with the provisions of such statement.
(2) Resident's rights and responsibilities
				shall include but not be limited to the following:
(i) 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;
(ii) every resident's civil and religious
				liberties, including the right to independent personal decisions and knowledge
				of available choices, shall not be infringed;
(iii) every resident shall have the right to
				have private communications and consultations with his or her physician,
				attorney, and any other person;
(iv) 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;
(v) every resident shall have the right to
				manage his or her own financial affairs;
(vi) every resident shall have the right to
				have privacy in treatment and in caring for personal needs;
(vii) every resident shall have the right to
				confidentiality in the treatment of personal, social, financial and medical
				records, and security in storing personal possessions;
(viii) 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;
(ix) 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;
(x) every resident shall
				have the right not to be coerced or required to perform the work of staff
				members or contractual work;
(xi)
				every resident shall have the right to have security for any personal
				possessions if stored by operator;
(xii) 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;
(xiii) 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;
(xiv) 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;
(xv)
				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
(xvi) every
				resident shall have the right to written notice of any fee increase not less
				than 45 days prior to the proposed effective date of the fee increase, provided
				however, providing additional services to a resident in accordance with section
				461-c
				(2) of the Social Services Law, shall not be
				considered a fee increase pursuant to this paragraph in the following
				situations:
(a) if a resident, resident
				representative or legal representative agrees in writing to a specific rate or
				fee increase, through an amendment of the residency agreement, due to the
				resident's need for additional care, services or supplies, the operator may
				increase such rate upon less than 45 days' written notice;
(b) if the operator provides additional care,
				services or supplies upon the written order of the resident's primary
				physician, the operator may, through an amendment to the residency agreement,
				increase such rate upon less than 45 days' written notice; or
(c) in the event of an emergency which
				affects the resident, the operator may assess additional charges for the
				benefit of the resident as are reasonable and necessary for services,
				materials, equipment and food supplies during such emergency;
(xvii) every resident of an
				assisted living residence that is also certified to provide enhanced assisted
				living and/or special needs assisted living shall have a right to be informed
				by the operator, by a conspicuous posting in the residence, on at least a
				monthly basis, of the then current vacancies available, if any, under the
				operator's enhanced and/or special needs assisted living programs.
(xviii) Every resident of an enhanced
				assisted living residence shall have the right to refuse consent to advanced
				tasks performed by an advanced home health aide, in which case the operator
				shall provide for the performance of such tasks by a registered professional
				nurse.
(3) Waiver of any
				provision contained in paragraph (2) of this section 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.