Senate Bill S8104

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8104

                            I N  S E N A T E

                              June 8, 2010
                               ___________

Introduced  by  Sen.  STACHOWSKI  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Aging

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
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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD07073-01-9

S. 8104                             2

  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.