NY State Senate Bill 2025-S5980

Current Bill Status - In Senate Committee Aging Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 04, 2025	referred to aging

2025-S5980 (ACTIVE) - Details

Current Committee:: Senate Aging
Law Section:: Public Health Law
Laws Affected:: Add §4625, Pub Health L
Versions Introduced in 2023-2024 Legislative Session:: S8770

2025-S5980 (ACTIVE) - Summary

Establishes a continuing care retirement community bill of rights; requires the commissioner of health to designate a county ombudsperson to monitor such bill of rights.

2025-S5980 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5980

SPONSOR: RYAN S
 
TITLE OF BILL:

An act to amend the public health law, in relation to establishing a
continuing care retirement community bill of rights

 
PURPOSE:

This bill would create a continuing care retirement community bill of
rights to protect residents and provide them with avenues for active
participation in their community.

 
SUMMARY OF PROVISIONS:

Section 1: amends the public health law to create a new section 4625:
Subsection 1: Mandates that every continuing care retirement community
(CCRC) adopt, implement, and distribute to their residents the CCRC bill
of rights, which outlines residents' rights to the following:

a. The right to expect CCRC management to fulfill the duties outlined in

their contract agreement. Residents shall also have the right to evalu-
ate the execution of the services outlined in their contract agreement
through a survey distributed by a residents' association.  The results
of the survey and the contract language itself must be made available
for residents to review.

b. The right to form a residents' association that will represent resi-
dents' interests to the CCRC administration and governing board.

c. The right to freely assemble with or without the participation of
management or staff in order to facilitate open communication around
issues relating to the CCRC.

d. The right to select and appoint at least 1 but no more than 2 members
to the CCRC governing board who will have the same rights and obli-
gations as other board members.

e. The right to receive regular updates on the actions and deliberations
of the board from their appointed representatives.  Committee meetings
must also be made open to residents or their representatives except as
prohibited by state or federal regulations, or in the case that person-
nel and personal health issues are the subject of discussion.

f. The right to be informed on a semi-annual basis of significant issues
of management pertinent to residents' financial and personal well-being,
limited only by explicitly defined policies of confidentiality.

g. The right to full disclosure of the finances of the corporation,
presented at least on an annual basis, including, but not limited to,
periodic reports from an actuary on the financial future of the corpo-
ration and notice when the sale of the community is under consideration.

h. The right to review a plain English list of all the services guaran-
teed in the residency contract and all the services offered (but that
may be subject to modification or withdrawal) before the resident signs
the contract.

i. The right to visit the assisted living and skilled nursing facili-
ties, as well as amenities associated with independent living, before
signing a contract.

j. The right to be informed of and comment on any potential changes to
the delivery of services, including but not limited to, changes in the
required staffing level of administration or the required credentialing
of healthcare, food service, or facility maintenance staff.

k. The right to at least one month's notice with respect to planned
changes in fees and the opportunity to comment to the CCRC governing
board on prospective fee changes. 1. The right to participate in the
governance of the residents' association.

m. The right to raise issues surrounding personal wellbeing and partic-
ipation in community life and governance, as well as to advocate around
issues of concern to management and the CCRC governing board.

n. The right to establish informal activities of any kind as long as
they do not infringe on the wellbeing of other residents or the opera-
tion of the community as a whole and do not require residents' associ-
ation funds.

o. The right to organize and seek approval of committees and activities
that require use of community facilities or residents' association fund-
ing.

p. The right to access the benefits of the community regardless of iden-
tity or past or present advocacy within the community or outside the
community.

q. The right to select and furnish, based on availability and the resi-
dent's financial capability, an independent living apartment.

r. The right to fully participate in discussions about moving to an
assisted living facility or skilled nursing unit. Family members desig-
nated by residents shall also have the right to be informed of the resi-
dent's care plan. Residents and their designees have the right to refuse
treatment or medication.  Subsection 2. Directs the Department of Health
to appoint an ombudsman for each county containing a CCRC in the state
and to promulgate regulations to provide guidance and regulatory author-
ity to the ombudsman.

Section 2. Establishes the effective date.

 
JUSTIFICATION:

New York is home to 12 continuing care retirement communities across the
state. These communities provide vital services to the thousands of
seniors that they serve. As of 2024, 18.1% of the state's population is
over 65 years old. As New York's population grows older, providing
dignified and competent care to elder New Yorkers will require new stra-
tegies. With New York's nursing homes and assisted living facilities
already stretched thin, CCRCs will be asked to manage more of the aging
population. An increase in usage must be accompanied by an increase in
protection for residents of these communities. That is why a CCRC bill
of rights is so vital.

CCRCs provide essential services to thousands of New Yorkers. However,
these services come with a hefty price tag. The entrance fee for any
CCRC in New York starts at $115,000 and only goes up from there, with
the nationwide average for entrance fees sitting at around $400,000.  On
top of this, residents must also pay a monthly fee that bottoms out at
$2,100. These high costs must come with a state-backed set of rights.
Residents deserve to have input on the direction of their community and
to be informed about any significant changes that will affect them.
Elders want to be active participants in the governance and operation of
their communities, and they need the proper access and information to
doso.

New York already struggles to prevent people from leaving the state to
retire. Whether it is a result of the colder climate or the higher cost
of living, it can be difficult for some to commit to settling down for
retirement in the state. One way to make it easier for elders to feel
comfortable staying in New York is to do what many other states have
done and enshrine in law rights and privileges for those choosing CCRCs.
Some of these states that have gone above and beyond to establish a bill
of rights for CCRC residents include Connecticut, Virginia, and New
Jersey. Following suit would create a more welcoming environment for
elders from across the country and help to prevent the exodus of retired
New Yorkers out of the state.

 
LEGISLATIVE HISTORY:

2024: S.8807 - referred to aging

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S5980 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5980
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               March 4, 2025
                                ___________
 
 Introduced  by  Sen. S. RYAN -- 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  establishing  a
   continuing care retirement community bill of rights
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public health law is amended by adding  a  new  section
 4625 to read as follows:
   §  4625. CONTINUING CARE RETIREMENT COMMUNITY BILL OF RIGHTS. 1. EVERY
 CONTINUING CARE RETIREMENT COMMUNITY (CCRC) SHALL ADOPT,  IMPLEMENT  AND
 DISTRIBUTE  TO RESIDENTS THE FOLLOWING CONTINUING CARE RETIREMENT COMMU-
 NITY BILL OF RIGHTS. ALL RESIDENTS OF CCRCS SHALL HAVE THE RIGHT TO:
   A. EXPECT FULL, PROMPT AND COMPLETE FULFILLMENT BY THE CCRC'S  MANAGE-
 MENT  OF  THOSE  SERVICES DELINEATED IN THEIR CONTRACTS AND OTHER AFFIL-
 IATED CONTRACTS. AN ANNUAL SURVEY OF SUCH SERVICES WITH AN EVALUATION OF
 THEIR FULFILLMENT SHALL BE IMPLEMENTED  BY  THE  RESIDENTS'  ASSOCIATION
 WITH RESULTS DISTRIBUTED TO RESIDENTS. CONTRACTS APPROVED BY THE MANAGE-
 MENT OF THE CCRC SHALL BE AVAILABLE FOR INSPECTION BY RESIDENTS OR THEIR
 DESIGNATED REPRESENTATIVES;
   B. ESTABLISH, ORGANIZE, FUND, DEVELOP BY-LAWS FOR, AND OPERATE A RESI-
 DENTS'  ASSOCIATION  WHOSE  PURPOSES  INCLUDE,  BUT  ARE NOT LIMITED TO,
 REPRESENTING THE INTERESTS OF THE RESIDENTS TO  THE  ADMINISTRATION  AND
 THE CCRC'S CORPORATE GOVERNING BOARD;
   C.  FREELY  ASSEMBLE,  WITH OR WITHOUT THE PARTICIPATION OF MANAGEMENT
 AND STAFF AS THE RESIDENTS IN THEIR JUDGMENT DEEM ADVISABLE, TO  ENHANCE
 COMMUNICATION  AND  INFORMATION-SHARING  AMONG  THE  RESIDENTS,  AND  TO
 PROMOTE ACTIVE LEARNING AND DISCUSSION OF ISSUES FACING THE CCRC  COMMU-
 NITY;
   D.  SELECT  AND APPOINT, IN ACCORDANCE WITH THE RESIDENT ASSOCIATION'S
 OWN BY-LAWS, AT LEAST ONE BUT NO MORE THAN TWO  MEMBERS  OF  THE  CCRC'S
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10580-01-5
 S. 5980                             2

 
 CORPORATE  GOVERNING BOARD, WHO HAVE RIGHTS AND DUTIES COMMENSURATE WITH
 THE OTHER BOARD MEMBERS;
   E.  RECEIVE REGULARLY SCHEDULED REPORTS FROM THE ASSOCIATION-APPOINTED
 GOVERNING BOARD MEMBERS ABOUT THE  BOARD'S  DELIBERATIONS,  ACTIONS  AND
 POLICIES.  RESIDENTS  HAVE  A RIGHT TO A CORPORATE GOVERNING BOARD EVERY
 MEMBER OF WHICH ACKNOWLEDGES THEIR FIDUCIARY RESPONSIBILITY TO THE RESI-
 DENTS. ALL CORPORATE BOARD AND CORPORATE BOARD COMMITTEE MEETINGS  SHALL
 BE  OPEN TO ANY RESIDENT OR THEIR REPRESENTATIVE WISHING TO ATTEND WITH-
 OUT FEAR OF REPRISAL EXCEPT FOR MEETINGS CLOSED IN ACCORDANCE WITH STATE
 OR FEDERAL STATUTES AND REGULATIONS. MEETINGS SHALL BE CLOSED  ONLY  FOR
 DISCUSSION OF PERSONNEL OR PERSONAL HEALTH ISSUES;
   F.  BE  KEPT  INFORMED  BY  THE ADMINISTRATION, ON A SEMIANNUAL BASIS,
 ABOUT ALL SIGNIFICANT ISSUES OF MANAGEMENT WHICH DIRECTLY  AFFECT  RESI-
 DENTS'  WELL-BEING  OR  THEIR  FINANCIAL INVESTMENT, OR ANY ISSUES ABOUT
 WHICH RESIDENTS ARE CONCERNED, LIMITED ONLY BY NECESSARY AND  EXPLICITLY
 DEFINED POLICIES OF CONFIDENTIALLY AND PRIVACY;
   G.  FULL  DISCLOSURE  OF THE FINANCES OF THE CORPORATION, PRESENTED AT
 LEAST ON AN ANNUAL BASIS. IN CASES WHERE A COMMUNITY IS A  MEMBER  OF  A
 CONSORTIUM OF COMMUNITIES, RESIDENTS HAVE THE RIGHT TO BE FULLY INFORMED
 OF  THE  FINANCES OF BOTH THEIR LOCAL COMMUNITY AND OF THE PARENT CORPO-
 RATION. CCRC RESIDENTS  HAVE  THE  RIGHT  TO  RECEIVE  PERIODIC  WRITTEN
 REPORTS  FROM  A  DULY CERTIFIED ACTUARY AFFIRMING THAT SUFFICIENT FUNDS
 WILL BE AVAILABLE FOR THE FUTURE LIKELY  NEEDS  OF  THE  RESIDENT  POPU-
 LATION.   RESIDENTS HAVE THE RIGHT TO BE INFORMED IN ADVANCE IF ANY SALE
 OF THE COMMUNITY TO ANOTHER OPERATOR OR PROVIDER COMES  UNDER  CONSIDER-
 ATION;
   H.  A PLAIN ENGLISH LIST OF THOSE SERVICES GUARANTEED BY THE RESIDENCY
 CONTRACT, AS WELL AS A LIST OF THOSE SERVICES OFFERED  BY  THE  CCRC  TO
 RESIDENTS  BUT NOT GUARANTEED IN THE CONTRACT (AND WHICH MAY BE MODIFIED
 OR WITHDRAWN AT THE DISCRETION OF THE MANAGEMENT OR CORPORATE  GOVERNING
 BOARD), PROVIDED TO ALL PROSPECTIVE RESIDENTS PRIOR TO THEIR BEING ASKED
 TO SIGN THE CONTRACT;
   I.  VISIT  THE ASSISTED LIVING AND SKILLED NURSING FACILITIES, AS WELL
 AS ALL THE AMENITIES ASSOCIATED WITH INDEPENDENT LIVING, BEFORE  SIGNING
 A CONTRACT;
   J.  BE  INFORMED IN ADVANCE OF, AND BE GIVEN AN OPPORTUNITY TO COMMENT
 ON, CHANGES IN THE DELIVERY OF SERVICES, INCLUDING CHANGES  IN  STAFFING
 LEVELS  IN  ITS  ADMINISTRATIVE  AND  SERVICE DEPARTMENTS AND CHANGES IN
 STAFF CREDENTIALING REQUIREMENTS IN AREAS  SUCH  AS  HEALTH  CARE,  FOOD
 SERVICE,  AND  FACILITIES  MAINTENANCE.  SUCH  NOTICE  SHALL BE GIVEN IN
 ADVANCE OF IMPLEMENTATION WITH SUFFICIENT TIME FOR RESIDENTS TO RESPOND;
   K. BE INFORMED, AT LEAST A MONTH IN ADVANCE OF  IMPLEMENTATION,  ABOUT
 ANY CHANGE IN FEES, AND HAVE THE OPPORTUNITIES TO COMMENT ON SUCH CHANG-
 ES  TO MANAGEMENT AND TO THE GOVERNING BOARD. THE CCRC MANAGEMENT AND/OR
 CORPORATE BOARD SHALL RESPOND WITH WRITTEN RESPONSES TO RESIDENTS;
   L. PARTICIPATE DIRECTLY IN THE GOVERNANCE OF  THE  RESIDENTS'  ASSOCI-
 ATION  THROUGH  COMMUNICATION,  DISCUSSION,  AND DECISION-MAKING IN OPEN
 MEETINGS, THROUGH MEMBERSHIP IN ASSOCIATION COMMITTEES, AND THROUGH  THE
 ELECTION OF OFFICERS AND MEMBERS OF THE RESIDENT ASSOCIATION'S OWN BOARD
 OF DIRECTORS, IN ACCORDANCE WITH BY-LAWS;
   M.  RAISE  ISSUES  CONCERNING  THEIR  OWN WELL-BEING, THEIR QUALITY OF
 LIFE, AND THE SUFFICIENCY OF THEIR INVOLVEMENT  IN  COMMUNITY  LIFE  AND
 GOVERNANCE,  AND  TO ADVOCATE OPENLY FOR ISSUES OF CONCERN TO THEM TO BE
 DISCUSSED AND DEALT WITH BY THE  RESIDENTS'  ASSOCIATION,  THE  ADMINIS-
 TRATION, AND THE GOVERNING BOARD AS APPROPRIATE;
 S. 5980                             3
 
   N.  ESTABLISH  AND OPERATE INFORMAL ACTIVITIES OF ANY KIND, SO LONG AS
 THEY DO NOT IMPACT NEGATIVELY ON THE LIVES OF OTHERS, VIOLATE  THE  LAW,
 INTERFERE  WITH  OTHER  ACTIVITIES IN COMMUNITY SPACE AND FACILITIES, OR
 REQUIRE RESIDENT ASSOCIATION FUNDS;
   O.  ORGANIZE  AND  SEEK  RESIDENTS'  ASSOCIATION  RECOGNITION OF A NEW
 COMMITTEE OR OTHER RESIDENT ACTIVITY NEEDING  COMMUNITY  FACILITIES,  OR
 RESIDENTS' ASSOCIATION FUNDS;
   P. ALL THE BENEFITS OF LIVING IN COMMUNITY, INCLUDING ALL THE SERVICES
 AND  AMENITIES ON OFFER, AND ALL REGULATIONS APPLYING TO COMMUNITY LIFE,
 PROVIDED AND ENFORCED IMPARTIALLY AND WITHOUT PREJUDICE, REGARDLESS OF A
 RESIDENT'S AGE, GENDER, RELIGION, RACE,  ECONOMIC  STATUS,  PROFESSIONAL
 BACKGROUND,  SEXUAL  ORIENTATION, PAST OR PRESENT ADVOCACY OF ISSUES AND
 POLICIES APPLYING TO COMMUNITY LIFE  AND  GOVERNANCE,  PAST  OR  PRESENT
 ACTIVISM  IN  THE POLITY OUTSIDE OF THE RETIREMENT COMMUNITY, OR PAST OR
 PRESENT SERVICE ON BOARDS OR COMMITTEES;
   Q. SELECT, BASED ON AVAILABILITY AND THE RESIDENT'S  FINANCIAL  QUALI-
 FICATIONS,  AN INDEPENDENT LIVING APARTMENT OF THE RESIDENT'S CHOICE AND
 TO APPOINT AND FURNISH IT TO THE RESIDENT'S TASTE, WITHIN THE PROVISIONS
 OF THE LIFE-CARE CONTRACT AND FIRE AND SAFETY REGULATIONS; AND
   R. PARTICIPATE AS FULLY AND MEANINGFULLY AS POSSIBLE WHEN THE NEED  TO
 MOVE  TO AN ASSISTED LIVING FACILITY OR SKILLED NURSING UNIT COMES UNDER
 DISCUSSION. FAMILY MEMBERS DESIGNATED BY THE  RESIDENT  SHALL  HAVE  THE
 RIGHT  TO  BE  KEPT  INFORMED OF THE RESIDENT'S CONDITION AND CARE PLAN.
 RESIDENTS OR THEIR DESIGNATED MEDICAL PROXIES SHALL HAVE  THE  RIGHT  TO
 REFUSE MEDICATIONS AND TREATMENTS.
   2. THE COMMISSIONER SHALL DESIGNATE AN OMBUDSPERSON FOR EACH COUNTY IN
 WHICH  A  CCRC  IS  LOCATED TO MONITOR THE BILL OF RIGHTS ESTABLISHED BY
 THIS SECTION AND ANY OTHER REGULATIONS CONCERNING RESIDENCE IN INDEPEND-
 ENT LIVING AT A CCRC.  THE  COMMISSIONER  SHALL  PROMULGATE  REGULATIONS
 PROVIDING  DIRECTION AND REGULATORY AUTHORITY TO THE OMBUDSPERSON. RESI-
 DENTS AND/OR THEIR FAMILY MEMBERS  OR  REPRESENTATIVES  SHALL  HAVE  THE
 RIGHT  TO CONTACT THEIR COUNTY OMBUDPERSON WITH COMPLAINTS, COMPLIMENTS,
 AND/OR COMMENTS WITHOUT  PREJUDICE  OR  RECRIMINATION.  RECORDS  OF  THE
 CONTACTS MADE UNDER THE OMBUDSPERSON PROGRAM SHALL BE A MATTER OF PUBLIC
 RECORD AND AVAILABLE ON REQUEST.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.

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Senate Bill S5980

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Current Bill Status - In Senate Committee Aging Committee

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2025-S5980 (ACTIVE) - Details

2025-S5980 (ACTIVE) - Summary

2025-S5980 (ACTIVE) - Sponsor Memo

2025-S5980 (ACTIVE) - Bill Text download pdf

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Sponsored By

Sean M. Ryan

Current Bill Status - In Senate Committee Aging Committee

Actions

2025-S5980 (ACTIVE) - Details

2025-S5980 (ACTIVE) - Summary

2025-S5980 (ACTIVE) - Sponsor Memo

2025-S5980 (ACTIVE) - Bill Text download pdf

Comments