S T A T E O F N E W Y O R K
________________________________________________________________________
4511
2009-2010 Regular Sessions
I N A S S E M B L Y
February 4, 2009
___________
Introduced by M. of A. ROSENTHAL, DINOWITZ, GOTTFRIED, MILLMAN, EDDING-
TON, CAHILL, GREENE -- Multi-Sponsored by -- M. of A. BOYLAND, PAULIN,
J. RIVERA, ROBINSON, WEISENBERG -- read once and referred to the
Committee on Health
AN ACT to amend the public health law, in relation to notification of
rate increases to residents of assisted living residences
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Title 4 of Article 46-B of the public health law is
amended by adding a new section 4664 to read as follows:
S 4664. ASSISTED LIVING; RATE INCREASES. 1. IF AN ASSISTED LIVING
RESIDENCE INCREASES THE RATES OF FEES FOR RESIDENTS OR MAKES INCREASES
IN ANY OF ITS RATE STRUCTURES FOR SERVICES, THE OPERATOR SHALL PROVIDE
NO LESS THAN FORTY-FIVE DAYS PRIOR NOTICE TO THE RESIDENTS OR THE RESI-
DENTS' REPRESENTATIVES SETTING FORTH THE AMOUNT OF THE INCREASE, THE
REASON FOR THE INCREASE, AND A DESCRIPTION OF THE METHODOLOGY, INCLUDING
A GENERAL DESCRIPTION OF THE ADDITIONAL COSTS, EXCEPT FOR AN INCREASE IN
THE RATE DUE TO A CHANGE IN THE LEVEL OF CARE OF THE RESIDENT. THIS
SUBDIVISION SHALL NOT APPLY TO OPTIONAL SERVICES THAT ARE PROVIDED BY
INDIVIDUALS, PROFESSIONALS, OR ORGANIZATIONS UNDER A SEPARATE
FEE-FOR-SERVICE ARRANGEMENT WITH THE RESIDENTS.
2. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION, IF AN ASSISTED
LIVING RESIDENCE INCREASES RATES BY MORE THAN TEN PERCENT, THE OPERATOR
SHALL PROVIDE NO LESS THAN NINETY DAYS PRIOR WRITTEN NOTICE TO THE RESI-
DENTS OR THE RESIDENTS' REPRESENTATIVES SETTING FORTH THE AMOUNT OF THE
INCREASE, THE REASON FOR THE INCREASE, AND A DESCRIPTION OF THE METHOD-
OLOGY, INCLUDING A GENERAL DESCRIPTION OF THE ADDITIONAL COSTS, EXCEPT
FOR AN INCREASE IN THE RATE DUE TO A CHANGE IN THE LEVEL OF CARE OF THE
RESIDENT. EACH ASSISTED LIVING RESIDENCE SHALL ESTABLISH A PROCESS FOR
RESIDENTS OF THE ASSISTED LIVING RESIDENCE TO OPPOSE THE RATE INCREASE
BASED ON FINANCIAL HARDSHIP, INCLUDING PROVISIONS FOR INFORMATION AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07073-01-9
A. 4511 2
POSSIBLE RESIDENTIAL ALTERNATIVES FOR THOSE RESIDENTS. THE NOTICE
REQUIRED BY THIS SUBDIVISION SHALL INFORM RESIDENTS ABOUT THE APPEALS
PROCESS. THIS SUBDIVISION SHALL NOT APPLY TO OPTIONAL SERVICES THAT ARE
PROVIDED BY INDIVIDUALS, PROFESSIONALS, OR ORGANIZATIONS UNDER A SEPA-
RATE FEE-FOR-SERVICE ARRANGEMENT WITH RESIDENTS.
3. NO ASSISTED LIVING RESIDENCE SHALL CHARGE NONRECURRING LUMP-SUM
ASSESSMENTS. THE NOTIFICATION REQUIREMENTS CONTAINED IN SUBDIVISION ONE
OF THIS SECTION SHALL APPLY TO INCREASES SPECIFIED IN THIS SUBDIVISION.
FOR PURPOSES OF THIS SUBDIVISION, "NONRECURRING LUMP-SUM ASSESSMENTS"
ARE DEFINED AS RATE INCREASES DUE TO UNAVOIDABLE AND UNEXPECTED COSTS
THAT FINANCIALLY OBLIGATE THE ASSISTED LIVING RESIDENCE. IN LIEU OF THE
LUMP-SUM PAYMENT, ALL INCREASES IN RATES SHALL BE TO THE MONTHLY RATE
AMORTIZED OVER A TWELVE MONTH PERIOD. THE PROHIBITION AGAINST A LUMP-SUM
ASSESSMENT SHALL NOT APPLY TO CHARGES FOR SPECIFIC GOODS OR SERVICES
PROVIDED TO AN INDIVIDUAL RESIDENT.
4. EACH ASSISTED LIVING RESIDENCE SHALL INCLUDE ALL OF THE FOLLOWING
IN ITS RESIDENCY AGREEMENT:
(A) A COMPREHENSIVE DESCRIPTION OF ANY ITEMS AND SERVICES PROVIDED
UNDER A SINGLE FEE, SUCH AS A MONTHLY FEE FOR ROOM, BOARD, AND OTHER
ITEMS AND SERVICES;
(B) A COMPREHENSIVE DESCRIPTION OF, AND THE FEE SCHEDULE FOR, ALL
ITEMS AND SERVICES NOT INCLUDED IN A SINGLE FEE. IN ADDITION, THE AGREE-
MENT SHALL INDICATE THAT THE RESIDENT SHALL RECEIVE A MONTHLY STATEMENT
ITEMIZING ALL SEPARATE CHARGES INCURRED BY THE RESIDENT;
(C) A FACILITY MAY ASSESS A SEPARATE CHARGE FOR AN ITEM OR SERVICE
ONLY IF THAT SEPARATE CHARGE IS AUTHORIZED BY THE RESIDENCY AGREEMENT.
IF ADDITIONAL SERVICES ARE AVAILABLE THROUGH THE FACILITY TO BE
PURCHASED BY THE RESIDENT THAT WERE NOT AVAILABLE AT THE TIME THE RESI-
DENCY AGREEMENT WAS SIGNED, A LIST OF THESE SERVICES AND CHARGES SHALL
BE PROVIDED TO THE RESIDENT OR THE RESIDENT'S REPRESENTATIVE. A STATE-
MENT ACKNOWLEDGING THE ACCEPTANCE OR REFUSAL TO PURCHASE THE ADDITIONAL
SERVICES SHALL BE SIGNED AND DATED BY THE RESIDENT OR THE RESIDENT'S
REPRESENTATIVE AND ATTACHED TO THE RESIDENCY AGREEMENT;
(D) AN EXPLANATION OF THE USE OF THIRD-PARTY SERVICES WITHIN THE
FACILITY THAT ARE NOT RELATED TO THE RESIDENT'S SERVICE PLAN, INCLUDING,
BUT NOT LIMITED TO: ANCILLARY, HEALTH, AND MEDICAL SERVICES; HOW THEY
MAY BE ARRANGED, ACCESSED, AND MONITORED; ANY RESTRICTIONS ON THIRD-PAR-
TY SERVICES; AND WHO IS FINANCIALLY RESPONSIBLE FOR THE THIRD-PARTY
SERVICES;
(E) A COMPREHENSIVE DESCRIPTION OF BILLING AND PAYMENT POLICIES AND
PROCEDURES; AND
(F) A STATEMENT INDICATING THAT RATES MAY BE INCREASED AND THE CONDI-
TIONS UNDER WHICH RATES MAY BE INCREASED AND NOTIFICATION PROCEDURES
PURSUANT TO SUBDIVISIONS ONE AND TWO OF THIS SECTION.
5. NONPROFIT ASSISTED LIVING RESIDENCES SHALL BE EXEMPT FROM THE
PROVISIONS OF THIS SECTION.
S 2. This act shall take effect immediately.