Text of NY A 421 (2004)

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Bill No.: Summary Actions Floor Votes Memo Text A00421 Summary: BILL NOA00421B SAME ASNo same as SPONSOREnglebright (MS) COSPNSRGottfried, Ramos, Boyland MLTSPNSRAbbate, Aubry, Brennan, Cahill, Canestrari, Carrozza, Christensen, Clark, Cohen A, Colton, Cook,Cymbrowitz, Destito, Eddington, Glick, Gordon, Grannis, Green, Greene, Gromack, Heastie, John,Kaufman, Koon, Lafayette, Lavelle, Lifton, Lopez, McEneny, McLaughlin, Millman, Pheffer, Rivera J,Rivera P, Robinson, Seddio, Sidikman, Sweeney, Tonko, Towns, Weinstein Add Art 46-A SS4650 - 4663, Pub Health L; amd S544-a, Exec L; add S99-l, St Fin L Creates a uniform definition of assisted living residences and requires disclosure of the residency agreement, service provided, fees, admissions, criteria, termination and discharge procedure, and resident's rights; requires every entity operating as an assisted living residence to register with the commissioner of health.Go to top A00421 Text: STATE OF NEW YORK ________________________________________________________________________ 421--B 2003-2004 Regular Sessions IN ASSEMBLY (Prefiled) January 8, 2003 ___________ Introduced by M. of A. ENGLEBRIGHT, GOTTFRIED, RAMOS, BOYLAND -- Multi- Sponsored by -- M. of A. AUBRY, BRENNAN, CAHILL, CANESTRARI, CARROZZA, CHRISTENSEN, CLARK, A. COHEN, COLTON, COOK, CYMBROWITZ, DESTITO, EDDINGTON, GLICK, GORDON, GRANNIS, GREEN, GREENE, GROMACK, HEASTIE, JOHN, KAUFMAN, KOON, LAFAYETTE, LAVELLE, LOPEZ, McENENY, McLAUGHLIN, MILLMAN, PHEFFER, J. RIVERA, P. RIVERA, ROBINSON, SEDDIO, SIDIKMAN, SWEENEY, TONKO, TOWNS, WEINSTEIN -- read once and referred to the Committee on Aging -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Aging in accordance with Assembly Rule 3, sec. 2 -- reported and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public health law and the executive law, in relation to assisted living residences; and to amend the state finance law, in relation to creating an assisted living residence quality oversight fund The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The public health law is amended by adding a new article 2 46-A to read as follows: 3 ARTICLE 46-A 4 ASSISTED LIVING RESIDENCES 5 Section 4650. Legislative purpose and findings. 6 4651. Definitions. 7 4652. Residences required to be licensed; licensure fees. 8 4653. Requirements for licensure. 9 4654. Residency admission. 10 4655. Residency agreement and disclosures. 11 4656. Rights of residents in assisted living residences. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00356-06-4 A. 421--B 2 1 4657. Resident funds and property. 2 4658. Resident organizations. 3 4659. Discharge and transfer. 4 4660. Special proceeding for termination of assisted living 5 residence residency agreements. 6 4661. Additional requirements. 7 4662. Powers and duties of the commissioner. 8 4663. Penalties and enforcement. 9 § 4650. Legislative purpose and findings. The legislature hereby 10 finds and declares that there is a growing demand for the availability 11 of an assisted living model of long term care which allows individuals 12 to remain in a residential, home-like setting to receive both housing 13 and supportive services as they age. Currently, the absence of a clear 14 definition of assisted living in the state of New York and the lack of 15 state oversight over facilities that hold themselves out as offering 16 assisted living services, raises concerns regarding the health, social 17 and economic well-being of individuals being served in these settings. 18 The legislature also finds that individuals living in an assisted living 19 residence must be provided with certain protections, including full 20 disclosure of the services to be provided and at what price, a binding 21 written residency agreement, procedures for termination of such residen- 22 cy agreement, notification of resident rights, and the appeals process 23 for any decisions made by the residence that is adverse to the resident. 24 The state must therefore provide oversight of assisted living residences 25 to ensure that these protections are in place and to monitor the 26 provision or coordination of health and well-being related services by 27 assisted living residences. To further this goal, this article estab- 28 lishes a uniform definition of an assisted living residence; mandates 29 state oversight; and requires a written residency agreement and full 30 disclosure of services provided, fees, admission criteria, termination 31 and discharge procedures, and rights of residents. 32 § 4651. Definitions. As used in this article: 33 1. "Assisted living residence" or "residence" means any entity, oper- 34 ated for profit or not-for-profit, that provides or arranges for room, 35 board and either personal care services or home care services or both in 36 a home-like setting to five or more adult residents not related to the 37 operator, eighty percent of whom are fifty-five years of age or older, 38 unless the commissioner permits a residence to change this percentage 39 based on a showing of extenuating circumstances. Facilities licensed 40 pursuant to article twenty-eight of this chapter and articles nineteen, 41 twenty-nine and thirty-two of the mental hygiene law, facilities funded 42 pursuant to section five hundred thirty-six-g of the executive law, 43 residences for adults, shelters for adults, and family type homes shall 44 not be considered assisted living residences. 45 2. "Case management" includes any of the following: the evaluation of 46 resident needs by residence employees, the ongoing monitoring of resi- 47 dent well-being, the arrangement of services for residents, and the 48 coordination of services utilized to meet each resident's needs. 49 3. "Twenty-four hour supervision" means twenty-four hour, seven days 50 per week, monitoring of the safety and security of the residence and its 51 residents, and the twenty-four hour, seven days per week, monitoring of 52 the physical well-being of its residents through a twenty-four hour, 53 seven days per week, on-site staff presence and any other mechanisms 54 intended to ensure the residents that the residence is monitoring their 55 safety, security and physical well-being. A. 421--B 3 1 4. "Home care services" means one or more of the following services, 2 as defined by article thirty-six of this chapter, provided to persons in 3 an assisted living residence: 4 (a) those services provided by a home care services agency; 5 (b) home health aide services; 6 (c) personal care services; 7 (d) homemaker services; and 8 (e) housekeeper or chore services. 9 5. "Personal care services" means services to assist with personal 10 hygiene, dressing, feeding and household tasks essential to the 11 patient's health. 12 6. "Assisted living operator" or "operator" means an entity or person 13 licensed by the department under this article to operate an assisted 14 living residence. 15 7. "Resident" means an adult not related to the operator who, pursuant 16 to an agreement with the operator, receives assisted living services. 17 8. "Resident representative" means an individual authorized, in writ- 18 ing, by a resident to communicate with residence employees regarding the 19 health, well-being, needs of and services provided to such resident and 20 to assist the resident in obtaining needed services. 21 9. "Legal representative" means a person authorized under applicable 22 state law to act on behalf of a resident. A legal representative could 23 include, but is not necessarily limited to, a court-appointed guardian, 24 an attorney in-fact under a durable power of attorney, an agent under a 25 health care proxy, or a representative payee. 26 10. "Activities" means an organized and diversified program of indi- 27 vidual and group pursuits designed to enable each resident to engage in 28 cultural, spiritual, physical, social and intellectual activities within 29 the residence and the community, in order to sustain and promote an 30 individual's potential and a sense of usefulness to self and others. 31 11. "Controlling person" means any person who by reason of a direct or 32 indirect ownership interest, whether of record or beneficial, has the 33 ability, acting either alone or in concert with others with ownership 34 interests, to direct or cause the direction of the management or poli- 35 cies of said corporation, partnership or other entity. 36 § 4652. Residences required to be licensed; licensure fees. 1. No 37 entity shall establish, operate or conduct itself as an assisted living 38 residence in this state, or hold itself out as an entity which otherwise 39 meets the definition of an assisted living residence or advertises 40 itself as an assisted living residence or similar term, without first 41 obtaining a license from the department as required in this article and 42 otherwise acting in accordance with this article. This subdivision 43 shall not apply to assisted living programs approved by the department 44 pursuant to section four hundred sixty-one-l of the social services law. 45 2. Adult homes and enriched housing programs in possession of an oper- 46 ating certificate pursuant to section four hundred sixty-b of the social 47 services law shall be authorized to operate as an assisted living resi- 48 dence provided that such residence is licensed as an assisted living 49 residence. An adult home or an enriched housing program that obtains a 50 license as an assisted living residence under this article shall be 51 subject to the resident age requirements, admission and retention stand- 52 ards, rights of residents, disclosures, and operation of resident coun- 53 sels under this article. In all other matters, any law, rule or regu- 54 lation relating to adult homes and enriched housing programs shall 55 continue to apply. A. 421--B 4 1 3. Every assisted living residence that is required to possess an 2 assisted living residence license shall be licensed on a biennial basis 3 and shall pay a biennial licensure fee. Such fee shall be five hundred 4 dollars per license, with an additional fee of fifty dollars per resi- 5 dent whose annual income is above three hundred percent of the federal 6 poverty level. Such additional fee shall be based on total licensed 7 residence capacity, up to a maximum licensure fee of ten thousand 8 dollars. 9 4. The operation of an assisted living residence required to be 10 licensed pursuant to this section without such a license shall be a 11 class A misdemeanor. 12 § 4653. Requirements for licensure. 1. No assisted living residence 13 shall be licensed and operated unless and until the operator of such 14 residence obtains the written approval of the department. Such approval 15 may be granted only to an operator who satisfactorily demonstrates that 16 the operator: is of good moral character; is competent to operate an 17 assisted living residence; has adequate financial resources to provide 18 such assisted living as proposed; that the building, equipment, staff, 19 standards of care and records to be employed in the operation comply 20 with applicable statutes and regulations of the department and any 21 applicable local laws; and that any license or permit required by law 22 for the operation of such residence has been issued to such operator. 23 2. The operator shall provide the following information to the depart- 24 ment in order to be licensed: 25 (a) business name, street address and mailing address of the residence 26 and of the owners of the residence and, if the owner is not a natural 27 person, identification of the type of business entity of the owner, and 28 the names and addresses of the officers and members or the governing 29 body, or comparable persons for partnerships, limited liability compa- 30 nies or other types of business organizations of the owners; 31 (b) name and mailing address of the operator of the residence and, if 32 the operator is not a natural person, identification of the type of 33 business entity of the operator, and the names and addresses of the 34 officers and members of the governing body, or comparable persons for 35 partnerships, limited liability companies or other types of business 36 organizations of the operator; 37 (c) name and mailing address of the on-site manager or administrator; 38 (d) name and address of at least one natural person who shall be 39 responsible for dealing with the department on all matters provided for 40 in this article; 41 (e) signature of the authorized representative of the operator or, if 42 the operator is not a natural person, a signature of at least two 43 authorized representatives of the operator, one of which shall be an 44 officer of the operator; 45 (f) whether such operator has been previously found in violation of 46 any state laws, rules or regulations relating to the operation of an 47 assisted living residence, adult care facility, any other facility 48 licensed or regulated under this chapter or the social services law or a 49 similar residential or health care facility in any other state; 50 (g) a report accounting for all funds, property and things of value 51 held by the assisted living residence for its residents. Such report 52 shall include a description of how the money and property are being held 53 and how such money and property are being managed; 54 (h) if the operator will serve individuals with special needs, includ- 55 ing but not limited to, individuals with dementia, cognitive impairments 56 or mental illness, documentation satisfactory to the department that the A. 421--B 5 1 needs of such individuals can be appropriately and safely provided for. 2 Such documentation shall include, but need not be limited to, a written 3 description of specialized services, staff education and training, work 4 experience, professional affiliations or special characteristics rele- 5 vant to serving persons with such special needs, and of any environ- 6 mental modifications that have been made or will be made to protect the 7 health, safety and welfare of such persons in the residence; 8 (i) the written emergency plan required by this article; and 9 (j) any other information that may be requested by the department. 10 3. An assisted living residence must at a minimum offer to provide or 11 arrange for the provision of: home care services; personal care 12 services; twenty-four hour supervision; case management; administration 13 of medication; common dining and leisure space; housekeeping; laundry; 14 linen; activities; the preparation and periodic review of a service 15 plan; and such other services required pursuant to regulations promul- 16 gated by the commissioner. 17 4. The operator shall maintain a written emergency plan which details 18 the procedures to be followed for the proper protection of residents and 19 staff in the event of an actual or threatened emergency or disaster. 20 Such plan shall be provided to the department prior to obtaining a 21 license and when amended. 22 5. No assisted living residence or other entity shall provide home 23 care services or personal care services as defined by section thirty-six 24 hundred two of this chapter unless it is licensed or certified under 25 article thirty-six of this chapter and meets all the requirements of 26 that article. Provided, however, that an adult home or an enriched 27 housing program in possession of an operating certificate pursuant to 28 section four hundred sixty-b of the social services law may continue to 29 provide personal care as authorized by its operating certificate. 30 6. An assisted living operator that is licensed shall notify the 31 commissioner within thirty days of the date: 32 (a) of any change in the business name or address of the residence or 33 mailing address of the operator or owner; 34 (b) of any change in any contractor or entity which provides home care 35 services or personal care services to residents; and 36 (c) of any changes to the information required pursuant to this 37 section. 38 § 4654. Residency admission. 1. Prior to admission of a resident, the 39 operator shall conduct an initial assessment of the resident to deter- 40 mine whether the resident is appropriate for admission and that the 41 resident's needs can be safely met through the provision of services. 42 All such assessments shall be conducted using a uniform assessment tool 43 or one approved by the department. No resident shall be admitted unless 44 his or her care needs can be safely met through the provision of 45 services as determined by the operator in agreement with the resident, 46 the resident's health care practitioner, and if applicable, the resi- 47 dent's representative or legal representative. 48 2. A service plan shall be developed by the resident, the resident's 49 health care practitioner of choice, the assisted living residence and, 50 if applicable, the resident's representative or legal representative for 51 every resident admitted to an assisted living residence. Such plan 52 shall identify the services that the operator will provide or arrange 53 for the resident, when and how often the services will be provided, how 54 the operator plans to meet the anticipated changing needs of the resi- 55 dent, and how and by whom the services will be provided and accessed. A. 421--B 6 1 Each such plan shall be updated whenever there is a significant change 2 in the resident's condition and at least annually. 3 3. No assisted living residence shall admit or retain a resident in 4 need of twenty-four hour skilled nursing care. Provided, however, that 5 a resident who would otherwise not be eligible for retention in the 6 residence under this section may continue to reside in said residence 7 under the following conditions: (a) the resident, a resident represen- 8 tative, if any, or legal representative, if any on behalf of the resi- 9 dent, proposes to secure nursing or medical staff to care for the 10 increased needs of the resident; (b) the resident's physician and a home 11 care services agency both determine and document that, with the 12 provision of the additional nursing or medical care, the resident can be 13 safely cared for in the residence; (c) the operator agrees to retain the 14 resident and to coordinate the care provided by the operator and the 15 additional nursing or medical staff, in accordance with regulations of 16 the department; and (d) the continued retention of the resident is 17 otherwise in compliance with the provisions of applicable law. No resi- 18 dence shall allow more than five percent of its residents to exercise 19 this option. 20 4. Upon admission to an assisted living residence each resident shall 21 be given an admission packet which shall contain, at a minimum, 22 (a) a copy of the residency agreement in no less than twelve point 23 type and written in plain language; 24 (b) a statement of the resident's rights; 25 (c) contact information for the local long-term care ombudsman office 26 and a fact sheet detailing the services offered by that office; 27 (d) a listing of the contact information of legal services or advocacy 28 agencies available to handle legal issues of seniors; 29 (e) a copy of the consumer information guide required under section 30 forty-six hundred sixty-two of this article; 31 (f) information on all resident organizations in the assisted living 32 residence, including the names of organization leaders; 33 (g) the department's address and toll-free telephone number for 34 reporting of complaints regarding home care services and the services 35 provided by the residence; 36 (h) which conditions the residence is capable of caring for and which 37 conditions it is not capable of caring for; and 38 (i) a description of how the residence manages the finances of resi- 39 dents. 40 § 4655. Residency agreement and disclosures. 1. Every operator shall 41 execute with each resident a written residency agreement, in no less 42 than twelve point type and written in plain language, prior to admis- 43 sion. Such agreement shall: 44 (a) comply with the provisions of this article; 45 (b) be dated and signed by the operator, the resident, the resident's 46 representative, if any, and legal representative, if any, and any other 47 party to be charged under the agreement; and 48 (c) contain the entire agreement of the parties and shall include the 49 disclosures required by subdivision four of this section. 50 2. The resident, resident's representative, if any, and legal repre- 51 sentative, if any, shall be given a complete copy of the agreement and 52 all supporting documents and attachments. A complete copy of the agree- 53 ment shall also be provided to the resident, the resident's represen- 54 tative, if any, and legal representative, if any, if and when any chang- 55 es are made to the residency agreement. A. 421--B 7 1 3. (a) There shall be an implied warranty of habitability in each 2 residency agreement executed under this section that shall ensure the 3 premises be fit for human habitation and for the uses reasonably 4 intended by the operator and the resident and that the occupants of the 5 facility shall not be subjected to any conditions which would be danger- 6 ous, hazardous or detrimental to their life, health, safety or welfare. 7 Such statement shall not be read to be in any way limiting a resident's 8 rights to relief in an administrative or judicial proceeding. 9 (b) An action for breach of the warranty of habitability and any 10 violation of the residency agreement may be maintained in a court of 11 competent jurisdiction by the resident, resident's representative, if 12 any, or legal representative, if any. 13 4. The residency agreement shall include, at a minimum: 14 (a) the name, street address, mailing address, and phone number of the 15 assisted living residence; 16 (b) the name, mailing address, and contact phone number of the owner 17 of the assisted living residence; 18 (c) the name, address and contact phone number of the operator of the 19 assisted living residence; 20 (d) a statement describing the current licensure status of the opera- 21 tor and such status of any provider of home care services under contract 22 with the assisted living residence to provide home care services, 23 including a specific listing of such providers; 24 (e) a copy of rules and regulations of the assisted living residence, 25 including but not limited to rules surrounding resident activities, 26 office hours for residence staff and visiting hours; 27 (f) a description of services, material, equipment, food and other 28 provisions to be provided to the resident by the assisted living resi- 29 dence; 30 (g) the base fee for the services to be provided and a schedule of due 31 dates for payment of such fee; 32 (h) a description of any additional services available from the opera- 33 tor or through arrangement of the operator for an additional fee and a 34 statement of who would provide such services; 35 (i) a fee schedule outlining the cost of any additional services; 36 (j) an explanation of the conditions under which the operator may 37 adjust the base fee for services and under which the operator may adjust 38 additional fees for supplemental services; 39 (k) a statement of the total fee to be charged to the resident; 40 (l) the billing and payment procedures and requirements; 41 (m) a description of the process through which the agreement may be 42 modified, amended or terminated, and the terms and time frames under 43 which the agreement may be terminated by either party; 44 (n) the grounds to involuntarily terminate the agreement and thereby 45 discharge a resident or transfer a resident to another facility; 46 (o) a description of the complaint resolution process available to 47 residents; 48 (p) an explanation of the complaint process to the department for any 49 residence action objectionable to the resident; 50 (q) an explanation of the involuntary discharge or transfer process 51 and the resident's right to require the assisted living residence to 52 commence a special proceeding pursuant to section forty-six hundred 53 sixty of this article; 54 (r) a description of the procedures followed in the event that the 55 resident or resident's representative, if any, is no longer able to pay A. 421--B 8 1 for services agreed to in the resident agreement or for additional 2 services or care needed to ensure the resident's safety; 3 (s) the terms governing the refund of any previously paid fees or 4 charges in the event of the resident's discharge or transfer from the 5 assisted living facility or termination of the resident agreement, 6 including an accounting of all fees previously paid; 7 (t) the name of the resident's representative, if any, and legal 8 representative, if any, and a description of the representative's role; 9 (u) the name and phone number of any additional person or people for 10 whom the resident has waived the confidentiality of his or her records 11 at the assisted living residence; 12 (v) the name and phone number of an emergency contact identified by 13 the resident, the resident's representative, if any, and legal represen- 14 tative, if any; 15 (w) the criteria used by the operator to determine who may be admitted 16 to and retained by the residence, including criteria related to the 17 resident's care needs and compliance with reasonable rules of the resi- 18 dence; 19 (x) the procedures and protocols for completing, maintaining and 20 updating the resident's service plan; 21 (y) a list of all property to be held for the resident by the resi- 22 dence and any authorization by the resident allowing the residence to 23 manage the resident's funds. Such authorization shall include the name 24 of the banking institution in which the resident's funds shall be depos- 25 ited and a statement acknowledging that all interest earned on such 26 funds shall be the property of the resident; 27 (z) a statement whether the operator will accept, either as payment in 28 part or in full, sources of payment for services under the residency 29 agreement other than private payment, if applicable, such as social 30 security benefits, supplemental security income, medicare, medicaid, 31 long term care insurance, or private pension benefits; 32 (aa) the name and telephone number of at least one individual working 33 within the residence designated by the operator to whom inquiries or 34 concerns about the services provided by the agreement may be directed; 35 and 36 (bb) the effective period of the agreement. 37 5. The operator shall disclose, in conjunction with any marketing 38 materials and with the residency agreement required by this section, on 39 a separate information sheet in plain language and in at least twelve 40 point type the following: 41 (a) any ownership interest by the operator or owner in excess of ten 42 percent, whether legal or beneficial, in any entity which provides care, 43 material, equipment or other services to the residents of the assisted 44 living residence; 45 (b) any ownership interest by any entity which provides care, materi- 46 al, equipment or other services to the residents of the assisted living 47 residence, in excess of ten percent, whether legal or beneficial, in the 48 operator or owner of such residence; 49 (c) the specific nature of any special features provided by the 50 assisted living residence, such as specialty in Alzheimer's disease, 51 including, but not limited to, a description of the specialized services 52 offered, a plan for meeting the anticipated changing needs of residents 53 with degenerative diseases and an explanation of any specialized train- 54 ing and expertise that the staff of the assisted living residence has in 55 working with residents in need of such specialized services; A. 421--B 9 1 (d) a statement regarding the ability of residents to receive services 2 from service providers with whom the operator does not have an arrange- 3 ment, stating who will be responsible for payment of such providers; 4 (e) a statement that the residents shall have the right to choose 5 their health care providers, notwithstanding any other agreement to the 6 contrary, subject to limitations that may apply as a result of a resi- 7 dent's third party payor coverage; and 8 (f) a statement explaining the availability of and process to access 9 public funds for payment for residential, supportive or home care 10 services including, but not limited to, availability of coverage for 11 home care services under title eighteen of the social security act. 12 6. Assisted living residency agreements and related documents executed 13 by each resident, resident's representative, if any, and legal represen- 14 tative, if any, shall be maintained by the operator in legible condition 15 from the date of execution until three years after the agreement is 16 terminated. Each agreement shall be made available for inspection by the 17 commissioner at any time upon request. 18 § 4656. Rights of residents in assisted living residences. 1. Every 19 operator of an assisted living residence shall adopt a statement of 20 resident rights and responsibilities. Such statement shall be conspicu- 21 ously posted in a public place in each assisted living residence and 22 included in the admission packet required pursuant to section forty-six 23 hundred fifty-four of this article. 24 2. The statement of resident rights and responsibilities shall 25 include, but not be limited to the following: 26 (a) every resident's civil and religious liberties, including 27 protections on the basis of race, ethnicity, sexual orientation and 28 gender identity and the right to make independent personal decisions and 29 to knowledge of available choices, shall not be infringed; 30 (b) every resident shall have the right to communicate, in any form, 31 and with anyone they choose, with privacy respected and protected; 32 (c) every resident shall have the right to present grievances on 33 behalf of himself or herself or others, to the assisted living resi- 34 dence's staff or administrator, the department or other governmental 35 officials, the long term care ombudsman, or to any other person without 36 fear of reprisal, and to join with other residents or individuals within 37 or outside of the residence to work for improvements in resident care; 38 (d) every resident shall have the right to manage his or her own 39 financial affairs; 40 (e) every resident shall have the right to have privacy in his or her 41 treatment and in caring for personal needs; 42 (f) every resident shall have the right to confidentiality in the 43 treatment of personal, social, financial and medical records, and secu- 44 rity in storing personal possessions and the right to waive such confi- 45 dentiality with respect to certain individuals whom the resident identi- 46 fies; 47 (g) every resident shall have the right to receive courteous, fair and 48 respectful care and treatment at all times and shall not be physically, 49 mentally or emotionally abused or neglected in any manner; 50 (h) every resident shall be free from physical and chemical restraint; 51 (i) no resident shall be obligated to perform work for the assisted 52 living residence; 53 (j) every resident shall have the right to receive or to send personal 54 mail or any other correspondence unopened and without interception or 55 interference by the operator of an assisted living residence or any 56 person affiliated therewith; A. 421--B 10 1 (k) every resident shall have the responsibility to obey, to the best 2 of his or her ability, all reasonable regulations of the assisted living 3 residence and to respect the personal rights and private property of the 4 other residents; 5 (l) every resident shall have the right to include their signed and 6 witnessed versions of the events leading to an accident or incident in 7 which they are involved in any report of such accident or incident; 8 (m) every resident shall have the right to receive visits from family 9 members and any other person of the resident's choosing; 10 (n) every resident shall have the right to receive a written residency 11 agreement prior to admission and periodically thereafter as changes 12 necessitate, and to receive an admission packet at the time of admission 13 and periodically thereafter as changes necessitate; 14 (o) every resident and his or her representative, if any, shall have 15 the right to review or copy any files that the residence maintains on 16 the resident's behavior and health, and to object to any of the contents 17 of those files in writing. Such objections shall be included in the 18 resident's file; 19 (p) every resident shall have the right to designate a representative 20 to be recognized by the facility to act on the resident's behalf and to 21 change such designation when the resident chooses; 22 (q) every resident shall have the right to terminate the residency 23 agreement after providing thirty days written notice to the assisted 24 living residence; 25 (r) every resident shall have the right to a refund of any unused 26 portion of prepaid fees or charges in the event of termination of the 27 residency agreement, discharge, or transfer; 28 (s) every resident shall have the right to written notice of any fee 29 increase not less than ninety days prior to the proposed effective date 30 of the fee increase and every resident shall have the right to a 31 description of the process utilized to increase fees; 32 (t) every resident shall have the right to written notice of any 33 assisted living residence closure not less than ninety days prior to the 34 scheduled closure; and 35 (u) every resident shall have the right to choose their health care 36 providers, notwithstanding any agreement to the contrary, subject to 37 limitations that may apply as a result of a resident's third party payor 38 coverage. 39 3. No provision of this article, including the resident's rights and 40 responsibilities required by subdivision two of this section, may be 41 waived by the resident, the resident's representative or legal represen- 42 tative, or the assisted living residence. 43 4. Every staff member of the assisted living residence shall receive a 44 copy of the statement of resident rights and responsibilities and sign 45 an acknowledgment of the receipt thereof, and every staff member shall 46 receive training on such statement upon commencement of employment and 47 periodically thereafter, as changes necessitate. 48 § 4657. Resident funds and property. 1. Whenever a resident authorizes 49 an operator of an assisted living residence or any person affiliated 50 therewith, to exercise control over his or her money or property, such 51 authorization shall be in writing as part of the residency agreement, 52 subscribed by the parties to be charged. Any such money or property 53 belonging to the resident shall not be mingled with the funds or become 54 an asset of the operator or be transferred to any other person affil- 55 iated with the assisted living residence. A. 421--B 11 1 2. An operator or employee of a residence which is a representative 2 payee of a resident of such residence pursuant to designation by the 3 Social Security Administration or which otherwise assumes management 4 responsibility over the funds of a resident shall maintain such funds in 5 a fiduciary capacity to the resident in an interest bearing account at a 6 banking institution licensed by this state. Any interest on money 7 received and held for the resident shall be property of the individual 8 resident and shall be returned to the resident, together with the prin- 9 cipal in the resident's account, within thirty days of the resident's 10 discharge from the residence. The department, the department of audit 11 and control and the department of law shall have the power to review the 12 status of any such accounts at any time. 13 § 4658. Resident organizations. Every assisted living operator shall: 14 1. assist in the development and operation of a resident council; 15 2. provide private space for organizational activities; 16 3. ensure that the organization is able to meet as often as the 17 membership deems necessary; 18 4. ensure that the organizations are led by the residents; 19 5. allow the organization to meet with any member of the supervisory 20 staff, provided that reasonable notice of the request is given to such 21 staff; 22 6. if the organization desires, appoint a staff person to serve as a 23 liaison between the organization and the administration to report all 24 problems, issues and suggestions identified by the organization as need- 25 ing administrative action; 26 7. ensure that any complaints, problems or issues reported by the 27 organization to the designated staff person or administration be 28 addressed through a written response addressing the problems, issues or 29 suggestions be sent to the organization within thirty days of the report 30 of the problem, issue or suggestion; and 31 8. assist in the development and operation of a family council, 32 providing such council with access to private space in the assisted 33 living residence for regular meetings. 34 § 4659. Discharge and transfer. 1. When a resident wishes to volun- 35 tarily terminate his or her residency agreement, the resident or resi- 36 dent's representative, if any, or legal representative, if any, shall 37 give thirty days written notice to the assisted living residence. 38 2. When a sudden and unexpected health emergency arises necessitating 39 the immediate transfer of a resident to an acute care facility, the 40 assisted living residence shall immediately notify the resident's emer- 41 gency contact, the resident's representative, if any, or legal represen- 42 tative, if any, and the resident's health care practitioner of the 43 transfer. The assisted living residence shall provide the emergency 44 contact, the representative, if any, or legal representative if any, and 45 the health care practitioner with the information concerning cause of 46 the transfer and the name and location of the acute care facility. 47 3. After a resident is transferred pursuant to subdivision two of this 48 section, the assisted living residence shall determine if the resident 49 is appropriate for return to the residence pursuant to the criteria and 50 process established for admission established in section forty-six 51 hundred fifty-four of this article. The service plan for such resident 52 shall be updated to address any new care needs prior to the resident's 53 return to the residence. If, in assessing the resident's appropriateness 54 for return to the residence, the residence determines that the resident 55 is no longer able to safely reside in the residence, discharge planning 56 shall take place pursuant to subdivision seven of this section and the A. 421--B 12 1 resident shall retain the right to require the residence to commence a 2 special proceeding pursuant to section forty-six hundred sixty of this 3 article. 4 4. Should the resident require the assisted living residence to 5 commence a special proceeding pursuant to section forty-six hundred 6 sixty of this article because the resident is hospitalized and the resi- 7 dence has determined that the resident's care needs can no longer be 8 safely met at the residence, the court shall hear and decide the matter 9 within two court days of the filing of the petition for the special 10 proceeding. 11 5. An assisted living residence may only involuntarily discharge a 12 resident after attempting to resolve with the resident, the resident's 13 representative, if any, the resident's legal representative, if any, and 14 the resident's health care practitioner, the circumstances that have the 15 potential of resulting in involuntary termination of residency and when: 16 (a) a resident's care needs can no longer be safely met either through 17 the provision of services by the assisted living residence or through 18 the provision of services from another service provider. However, any 19 residence that can no longer safely meet the care needs of a resident 20 because of changes in the facility staffing or physical structure shall 21 ensure that all reasonable accommodations are made to meet the care 22 needs that the residence agreed could be met in the resident's care 23 plan; 24 (b) the resident's behavior causes a credible risk of serious imminent 25 danger to himself or herself or others; or 26 (c) the resident, after receiving reasonable and sufficient notice, is 27 unable to pay all the fees and costs detailed as applicable to that 28 resident in his or her residency agreement. However, a resident shall 29 not be discharged for failure to pay while a charge is in dispute or 30 when an appeal or denial of public benefits is pending. 31 6. Prior to involuntary discharge or transfer of a resident, an 32 assisted living residence shall provide a thirty day written discharge 33 notice to the resident, the resident's representative, if any, and legal 34 representative, if any. Such notice shall be hand delivered to the resi- 35 dent and mailed to the last known address of the resident's represen- 36 tative, if any, and legal representative, if any, via certified mail, 37 return receipt requested. The written discharge notice shall include: 38 (a) the reason for the discharge or transfer, previous steps taken by 39 the assisted living residence with the resident, the resident's repre- 40 sentative, if any, or legal representative, if any, and the resident's 41 health care practitioner to cure the situation and avert an involuntary 42 discharge or transfer, and the date of such discharge or transfer; 43 (b) a statement informing the resident of his or her right to object 44 to the discharge or transfer and require the operator of the assisted 45 living residence to commence a special proceeding pursuant to section 46 forty-six hundred sixty of this article; 47 (c) a list of free local legal services and advocacy resources with 48 their telephone numbers, including the long term care ombudsman; 49 (d) notice that the resident has the right to remain in the assisted 50 living residence until any special proceeding brought pursuant to 51 section forty-six hundred sixty of this article has concluded; 52 (e) a description of discharge planning services provided by the 53 assisted living residence; and 54 (f) the terms governing the refund of any unused portion of prepaid 55 fees or charges in the event of discharge or transfer of the resident. A. 421--B 13 1 7. A resident has the following rights when faced with involuntary 2 discharge or transfer: 3 (a) the right to object to the discharge or transfer, to remain at the 4 assisted living residence, and to thereby require the operator of the 5 assisted living residence to commence a special proceeding pursuant to 6 section forty-six hundred sixty of this article; 7 (b) the right to remain in the assisted living residence while any 8 such special proceeding brought pursuant to section forty-six hundred 9 sixty of this article is pending; 10 (c) the right to receive a final written statement of his or her 11 payment account and personal allowance account and to receive, imme- 12 diately upon involuntary discharge, any money or property held in trust 13 or in custody by the operator; 14 (d) the right to the service and services required in the resident's 15 care plan and his or her residency agreement while any special proceed- 16 ing brought pursuant to section forty-six hundred sixty of this article 17 is pending and to be free from intimidation and harassment while any 18 such special proceeding is pending; and 19 (e) the right to assistance with discharge planning from the assisted 20 living residence. 21 8. Every operator of an assisted living residence shall assist any 22 resident whom the residence proposes to involuntarily discharge to 23 ensure that the resident moves into a care setting in which the resi- 24 dent's care needs can be safely and appropriately met and is consistent 25 with the resident's wishes to the extent practicable. 26 § 4660. Special proceeding for termination of assisted living resi- 27 dence residency agreements. 1. (a) A special proceeding to terminate the 28 residency agreement of a resident of an assisted living residence and 29 involuntarily discharge or transfer the resident therefrom may be main- 30 tained in the county court, the justice court of the village, the town 31 justice court, the court of civil jurisdiction in a city, or the 32 district court which has jurisdiction over proceedings brought pursuant 33 to article seven of the real property actions and proceedings law. 34 (b) The place of trial of the special proceeding shall be within the 35 jurisdictional area of the court in which the assisted living residence 36 is located; except that where the facility is located in an incorporated 37 village which includes parts of two or more towns, the proceeding may be 38 tried by a town justice of any such town who keeps an office in the 39 village. 40 2. The proceeding may be brought by the operator of an assisted living 41 residence. 42 3. (a) The special proceeding prescribed by this section shall be 43 commenced by petition and a notice of petition. A notice of petition 44 shall be issued only by an attorney, judge or the clerk of the court; it 45 shall not be issued by a party prosecuting the proceeding in person. 46 (b) The notice of petition shall specify the time and place of the 47 hearing on the petition. 48 4. The notice of petition and petition shall be served at least five 49 and not more than twelve days before the time at which the petition is 50 noticed to be heard. 51 5. (a) Service of the notice of petition and petition shall be made by 52 personally delivering them to the resident; and at the time of such 53 service, a copy of such notice of petition and petition shall be mailed 54 to the resident's representative, if any, and legal representative, if 55 any, and the department. A. 421--B 14 1 (b) The notice of petition and petition together with proof of service 2 thereof on the resident and proof that copies thereof have been mailed 3 to the resident's representative, if any, and legal representative, if 4 any, shall be filed with the court or clerk thereof within three days 5 after delivery to the resident. 6 (c) Service shall be complete upon filing proof of service. 7 6. The petition shall be verified by the person authorized by subdivi- 8 sion two of this section to maintain the proceeding; or by a legal 9 representative, attorney or agent of such person pursuant to subdivision 10 (d) of section three thousand twenty of the civil practice law and 11 rules. 12 Every petition shall: 13 (a) state the interest of the petitioner in the premises from which 14 removal is sought; 15 (b) state the resident's interest in the premises and his or her 16 relationship to petitioner with regard thereto; 17 (c) describe the premises from which removal is sought; 18 (d) state the facts upon which the special proceeding is based; and 19 (e) state the relief sought. The relief may include a judgment for 20 payment of all charges, expenses and other assessments due. 21 7. The resident may answer in writing prior to the date the petition 22 is to be heard or orally at the time the petition is heard. The resident 23 may interpose any defense that he or she may have in his or her answer. 24 8. If the relief sought by the operator includes a judgment for 25 payment of all charges, expenses and other assessments due, then any 26 counterclaims which the resident may have against the operator may be 27 heard in a special proceeding maintained pursuant to the provisions of 28 this section, provided, however, that the court in its discretion may 29 sever such claims and counterclaims from the special proceeding. 30 9. Where triable issues of fact are raised, such issues shall be tried 31 by the court. The court, in its discretion, at the request of one or 32 both of the parties may grant an adjournment for not more than ten days. 33 10. (a) The court shall direct that a final judgment be entered deter- 34 mining the rights of the parties with regard to the residency agreement. 35 (b) The judgment, including such money as it may award for use and 36 occupancy of the facility or otherwise, may be docketed in such books as 37 the court maintains for recording the steps in a summary proceeding; 38 unless a rule of the court, or the court by order in a given case other- 39 wise provides, such judgment need not be recorded or docketed in the 40 books, if separately maintained in which are docketed money judgments in 41 an action. 42 11. (a) Upon rendering a final judgment for petitioner, the court 43 shall issue an order of removal directed to the sheriff of the county or 44 to any constable or marshal of the city in which the facility is situ- 45 ated, or, if it is not situated in a city to any constable of any town 46 in the county, describing the property, and commanding the officer to 47 remove the resident. 48 (b) The officer to whom the order of removal is directed and delivered 49 shall give at least seventy-two hours notice, in writing and in the 50 manner prescribed in this section for the service of a notice of peti- 51 tion, to the person to be removed and shall execute the order between 52 the hours of sunrise and sunset. 53 12. (a) If a proceeding is brought by an operator of an assisted 54 living residence pursuant to the provisions of this section and the 55 reason for the proceeding is that a resident of such a facility has not 56 paid the authorized charges, the court shall stay the issuance of the A. 421--B 15 1 order of removal for ten days from the date a judgment is rendered. The 2 court, in its discretion, may stay the issuance of an order of removal 3 for up to ninety days if the reason for the termination of the residency 4 agreement and discharge of the resident is that the resident failed to 5 pay the authorized charges and such nonpayment was due to an inter- 6 ruption by a government agency in the delivery to such resident of any 7 public benefits to which such resident is entitled. During the pendency 8 of such stay, the operator of the facility shall be required to assist 9 the resident who shall cooperate with the operator, in obtaining any 10 such public benefits or any supplemental public benefits which are 11 available to persons who have not received their regular public bene- 12 fits. 13 (b) If a proceeding is brought by an operator of an assisted living 14 residence pursuant to the provision of this section, and the reason for 15 the proceeding is the inability of the residence to safely meet the care 16 needs of the resident either through the direct provision of services or 17 through the provision of services from another service provider, the 18 court, in its discretion, upon application of the resident, may stay the 19 issuance of the order of removal for up to thirty days from the date a 20 judgment is rendered. 21 13. During the pendency of a special proceeding brought pursuant to 22 this section, the operator of an assisted living residence, the resi- 23 dent, and any other parties to the residency agreement, shall be 24 required to honor all terms of the residency agreement until the resi- 25 dent is removed. 26 14. Nothing contained in this section shall be deemed to alter or 27 abridge any right of a resident or operator of an assisted living resi- 28 dence to obtain any relief to which such persons are entitled in any 29 other court of competent jurisdiction. 30 § 4661. Additional requirements. Every operator of an assisted living 31 residence shall post the following documents in a conspicuous public 32 location within the assisted living residence: 33 1. proof of licensure; 34 2. a summary or complete copy of the most recent inspection report; 35 3. the statement of resident rights and responsibilities; 36 4. evacuation procedures in case of emergency; 37 5. notice prohibiting employees from accepting remuneration, tips or 38 gratuities; 39 6. procedures for presenting grievances and recommendation; 40 7. the name and title of any in-house medical personnel; and 41 8. the phone number to the local long term care ombudsman program. 42 § 4662. Powers and duties of the commissioner. The commissioner shall: 43 1. promulgate, alter and amend, in consultation with the office for 44 the aging and in consultation with consumers of assisted living services 45 and operators, rules and regulations to effectuate the provisions of 46 this article. Such rules and regulations shall ensure that assisted 47 living residences are operated in a manner so as to promote the dignity, 48 individuality, privacy, decision-making ability and safety of assisted 49 living residents; 50 2. develop, in consultation with the director of the office for the 51 aging, consumers and operators of assisted living residences, a consumer 52 information guide to inform and assist consumers in the selection of an 53 assisted living residence. Such guide shall include a checklist that 54 will allow consumers to easily compare the facilities, services, activ- 55 ities and rates at various assisted living residences and a health care A. 421--B 16 1 provider information guide to inform physicians and home care agencies 2 of their role in the assessment and development of the service plan; 3 3. examine the records, files and books of any assisted living resi- 4 dence to determine the accuracy of the facility's financial statement; 5 4. make unannounced periodic inspections of each assisted living resi- 6 dence to procure information required to carry out the provisions of 7 this article and make necessary investigations to procure information 8 required to carry out the provisions of this article. Each licensed 9 living residence shall be inspected at least once every eighteen months 10 on an unannounced basis; provided that any assisted living residence 11 found to be in violation of any provision of this article, any rule or 12 regulation promulgated by the department, or the terms or conditions of 13 any order or permit issued by the department pursuant to this article 14 shall be reinspected within six months of the inspection during which 15 the violation was discovered, and such assisted living residence shall 16 thereafter be inspected at least annually until completing two subse- 17 quent inspections without any violations; and 18 5. receive and investigate complaints regarding the condition, opera- 19 tion and quality of care of licensed assisted living residences. 20 § 4663. Penalties and enforcement. 1. Any person who violates any 21 provision of this article, any rule or regulation promulgated by the 22 department, or the terms or conditions of any order or permit issued by 23 the department pursuant to this article shall be subject to the civil 24 and, if applicable, criminal penalties authorized under sections twelve 25 and twelve-b of this chapter for such violation. 26 2. (a) The license of any operator may be revoked, suspended, or 27 limited upon a determination by the commissioner that the operator has 28 failed to comply with the requirements of this article. No such license 29 shall be revoked, suspended or limited without a hearing held in accord- 30 ance with procedures established by department regulations, which proce- 31 dures shall require that notice of the time and place of the hearing, 32 and notice of the charges, shall be served in person or by certified 33 mail addressed to the facility at least fifteen days prior to the date 34 of hearing. A written answer to the charges may be filed with the 35 department not less than ten business days prior to the date of the 36 hearing. The license of an operator may, nevertheless, be suspended or 37 limited without a hearing for a period not in excess of sixty days, upon 38 written notice to the facility following a finding by the department 39 that the public health, or an individual's health, safety or welfare, 40 are in imminent danger. 41 (b) The supreme court may grant equitable relief against violations or 42 threatened violations of this article or the regulations of the depart- 43 ment by an operator or residence subject to the inspection and super- 44 vision of the department. The attorney general may seek such equitable 45 relief, in the name of the people upon the request of the department. 46 Service in such an action shall state the nature of the violation and 47 shall be accomplished in the manner prescribed by the civil practice law 48 and rules; provided, however, that an ex parte order for equitable 49 relief may issue, notwithstanding the civil practice law and rules, if 50 the court finds, on motion and affidavit, that such violation may 51 reasonably be expected to result in imminent danger to the public health 52 or to the health, safety or welfare of any individual in a residence 53 subject to the department's inspection and supervision. The court, after 54 a hearing, may make an order granting such equitable relief as it may 55 deem necessary, including, but not limited to, a preliminary injunction 56 or a permanent injunction, enjoining a residence from admitting new A. 421--B 17 1 residents or directing the department and such residence to arrange for 2 the transfer of residents to other placements, or appointment of a 3 temporary or permanent receiver for the protection of the public health 4 or the health, safety and welfare of any individual in such residence. 5 The people shall not be required to post security or bond. 6 (c) Any person that is a controlling person or controlling entity of 7 an operator or owner of an assisted living residence that is found to be 8 liable under any provision of this article to any person or class of 9 persons for damages or to the state for any civil fine, penalty or 10 assessment of damages, shall also be liable, jointly and severally, with 11 and to the same extent as the operator or owner, to such person or class 12 of persons for damages or to the state for any such civil fine, penalty 13 or assessment of damages. 14 (d) Upon a determination by the commissioner that there exist opera- 15 tional deficiencies in an assisted living residence which show: (i) a 16 condition or conditions in substantial violation of the standards for 17 health, safety, welfare or resident care established under applicable 18 law, rules or regulations; or (ii) any other conditions dangerous to 19 life, health or safety; or (iii) that there exists in the residence a 20 pattern or practice of habitual violation of the standards of health, 21 safety, welfare or resident care established in applicable law, rules or 22 regulations, the commissioner shall take the actions prescribed by para- 23 graph (a) of this subdivision, to revoke or suspend the license of the 24 residence which was the subject of such finding and, where the commis- 25 sioner deems it to be in the public interest, the commissioner may, 26 notwithstanding any other provision of law, appoint a temporary operator 27 to operate the facility during the term of the pendency of the adminis- 28 trative proceeding pursuant to paragraph (a) of this subdivision to 29 revoke or suspend the license, and, if the license is revoked or 30 suspended, during the pendency of a proceeding pursuant to paragraph (b) 31 of this subdivision or a proceeding pursuant to article seventy-eight of 32 the civil practice law and rules. Any such determination to appoint a 33 temporary operator may specify conditions including, but not limited to, 34 the immediate transfer of all records, facility business records and any 35 other records related to the operation of the facility to the temporary 36 operator, and the requirement that the operator provide the temporary 37 operator with any funds received by the operator for the operation of 38 the facility. 39 3. (a) Where the entity satisfactorily demonstrates that it has recti- 40 fied the violation within thirty days of receiving notice of such 41 violation or has submitted within thirty days an acceptable plan for 42 rectification and was rectifying the violations in accordance with the 43 steps and within the additional periods of time as accepted by the 44 department in such plan, the department shall waive any and all civil 45 penalties imposed for such violation. Provided, however, such civil 46 penalty shall not be waived if the entity has violated the same statuto- 47 ry or regulatory provision more than once within a six month period. 48 (b) Rectification shall not preclude the assessment of a penalty if 49 the department establishes at a hearing that a particular violation, 50 although corrected, endangered or resulted in harm to any resident as 51 the result of: 52 (i) the total or substantial failure of the residence's fire detection 53 or prevention systems, or emergency evacuation procedures prescribed by 54 department safety standard regulations; A. 421--B 18 1 (ii) the failure of the operator to take actions as required by 2 department regulations in the event of a resident's illness or accident; 3 or 4 (iii) the failure to provide a habitable environment, including but 5 not limited to adequate sanitation. 6 4. No civil penalty shall be assessed without a hearing held in 7 accordance with section twelve-a of this chapter. 8 5. This section shall not restrict the availability of powers other- 9 wise available to the commissioner under the provisions of this chapter 10 and under the social services law. 11 § 2. Subparagraph (i) of paragraph (c) of subdivision 3 of section 12 544-a of the executive law, as amended by chapter 345 of the laws of 13 1996, is amended to read as follows: 14 (i) identify, investigate and resolve complaints that are made by, or 15 on behalf of, long term care residents and assisted living residents in 16 this state and that relate to actions, inactions or decisions that may 17 adversely affect the health, safety and welfare or rights of such resi- 18 dents; provided, however, that the state ombudsman shall immediately 19 refer to the appropriate investigatory agency information obtained 20 during the investigation of a complaint which suggests the possible 21 occurrence of physical abuse, mistreatment or neglect or Medicaid fraud, 22 in accordance with procedures established by the state ombudsman. Such 23 procedures shall include, but not be limited to, the reporting to the 24 appropriate investigatory agency any reasonable information which 25 suggests the possible occurrence of physical abuse, mistreatment or 26 neglect as defined in section twenty-eight hundred three-d of the public 27 health law. Nothing in this section shall be construed as authorizing 28 the state ombudsman to impose a resolution unacceptable to either party 29 involved in a complaint or to assume powers delegated to the commission- 30 er of health or the department of health pursuant to article twenty- 31 eight of the public health law or to the commissioner of [social 32 services] health or the department of [social services] health pursuant 33 to the social services law; nor does it authorize the state ombudsman to 34 investigate final administrative determinations made pursuant to law by 35 such [commissioners] commissioner if such decisions become the subject 36 of complaints to the state ombudsman; 37 § 3. The state finance law is amended by adding a new section 99-l to 38 read as follows: 39 § 99-l. Assisted living residence quality oversight fund. 1. There is 40 hereby established in the joint custody of the comptroller and the 41 commissioner of health a special fund to be known as the "assisted 42 living residence quality oversight fund". 43 2. Such fund shall consist of all moneys collected by the department 44 of health pursuant to sections forty-six hundred fifty-two and forty-six 45 hundred sixty-three of the public health law. Any interest earned by the 46 investment of moneys in such fund shall be added to such fund, become a 47 part of such fund, and be used for the purpose of such fund. 48 3. Moneys of such fund shall be available to the department of health 49 for the purpose of carrying out the provisions of article forty-six-A of 50 the public health law. Additionally, pursuant to a memorandum of under- 51 standing entered into by the commissioner of health and the director of 52 the office for the aging, a portion of such moneys shall be transferred 53 to the long term care ombudsman program for the purpose of carrying out 54 the provisions of article forty-six-A of the public health law. Addi- 55 tionally, ten percent of the moneys in such fund shall be utilized by 56 the department of health to provide financial enhancements to assisted A. 421--B 19 1 living residences that are not in violation of any rules or regulations 2 promulgated pursuant to article forty-six-A of the public health law and 3 in which not less than ten percent of the resident population is paying 4 its assisted living expenses via supplemental security income. 5 4. The moneys of the fund shall be paid out on the audit and warrant 6 of the comptroller on vouchers certified or approved by the commissioner 7 of health. 8 § 4. The department of health shall provide the governor, the tempo- 9 rary president of the senate, the speaker of the assembly, and the 10 chairs of the aging committees in the senate and the assembly with a 11 report detailing the licensing of assisted living residences no later 12 than the last day of the thirtieth month commencing after the date this 13 act shall have become law. Such report shall include the name and 14 location of all licensed assisted living residences, the total number of 15 licensed assisted living residence beds, the total number of licensed 16 assisted living residence beds that are also licensed as adult home or 17 enriched housing beds, the total licensure fees collected pursuant to 18 article 46-A of the public health law, and a list of funds or property 19 held by all assisted living residences. 20 § 5. Any entity which qualifies as an assisted living residence pursu- 21 ant to subdivision 1 of section 4651 of the public health law and oper- 22 ating as an assisted living residence on or before the effective date of 23 this act shall within 18 months of such effective date, receive a 24 license to operate an assisted living residence from the department of 25 health pursuant to section 4652 of the public health law and shall be 26 required to comply with the provisions of article 46-A of such law with- 27 in such 18 month period. 28 § 6. This act shall take effect on the one hundred eightieth day after 29 it shall have become a law; provided, however, that effective immediate- 30 ly, the addition, amendment and/or repeal of any rule or regulation 31 necessary for the implementation of this act on its effective date is 32 authorized and directed to be made and completed on or before such date. Go to top Sitemap Request Information Directions and Maps