S T A T E O F N E W Y O R K
________________________________________________________________________
4512
2009-2010 Regular Sessions
I N A S S E M B L Y
February 4, 2009
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Introduced by M. of A. ROSENTHAL, GOTTFRIED, DINOWITZ, COOK, MILLMAN,
SCHIMEL, EDDINGTON, CAHILL, GREENE, KELLNER -- Multi-Sponsored by --
M. of A. BOYLAND, V. LOPEZ, J. RIVERA, ROBINSON, WEISENBERG -- read
once and referred to the Committee on Health
AN ACT to amend the public health law, in relation to the provision of
average monthly rate increases information to assisted living resi-
dents
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 RESIDENCE; PROVISION OF AVERAGE MONTHLY RATE
INCREASE INFORMATION. 1. ON OR BEFORE JANUARY THIRTY-FIRST OF EACH YEAR,
THE OPERATOR OF AN ASSISTED LIVING RESIDENCE SHALL DISCLOSE TO THE
FACILITY'S CURRENT RESIDENTS ITS AVERAGE MONTHLY RATE INCREASES, INCLU-
SIVE OF RENT AND SERVICE FEES, FOR EACH OF THE PREVIOUS THREE YEARS. THE
OPERATOR SHALL DISCLOSE BOTH THE ACTUAL AND AVERAGE AMOUNT OF EACH
INCREASE, AS WELL AS THE AVERAGE PERCENTAGE OF INCREASE.
2. (A) THE OPERATOR SHALL POST THE INFORMATION REQUIRED BY SUBDIVISION
ONE OF THIS SECTION ON THE FRONT DOOR OF THE FACILITY, OR IN A PROMINENT
LOCATION NO MORE THAN TEN FEET FROM THE FACILITY'S MAIN ENTRANCE AND
PROVIDE SUCH INFORMATION TO THE DEPARTMENT.
(B) THE DEPARTMENT SHALL POST THE INFORMATION PROVIDED BY THE ASSISTED
LIVING RESIDENCE, PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION, ON ITS
WEBSITE.
3. EACH RESIDENT SHALL SIGN A CONFIRMATION OF RECEIPT OF THE INFORMA-
TION REQUIRED BY THIS SECTION, WHICH SHALL BE MAINTAINED BY THE FACILITY
IN THE RESIDENT'S FILE.
4. THE OPERATOR SHALL PROVIDE A COPY OF THE INFORMATION REQUIRED BY
THIS SECTION TO ANY PROSPECTIVE RESIDENT OR HIS OR HER REPRESENTATIVE AS
PART OF ITS GENERAL INFORMATION MATERIALS.
5. ALL NONPROFIT ASSISTED LIVING RESIDENCES SHALL BE EXEMPT FROM THE
PROVISIONS OF THIS SECTION.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07072-01-9