1. The Laws of New York
  2. Consolidated Laws
  3. Public Health
  4. Article 46-B: Assisted Living
  5. Title 4: General Requirements


Section 4657*2 Residency admission

Public Health (PBH)

1. An assisted living operator shall conduct an initial pre-admission evaluation of a prospective resident to determine whether or not the individual is appropriate for admission to the assisted living residence. Such evaluation shall be conducted by the operator and, if necessary, in conjunction with a home care services agency or appropriate employee pursuant to paragraph (d) of subdivision one of section four thousand six hundred fifty-five of this article. The operator shall conduct all such evaluations using an evaluation tool developed by the department, to be based on the recommendations of the task force created pursuant to section five of the chapter of the laws of two thousand four which added this section or one developed by the operator that receives approval by the department.

  2. The assisted living operator shall not admit any resident if the operator is not able to meet the care needs of the resident within the scope of services authorized under this article, and the individualized service plan; provided, further that no operator shall admit any resident in need of twenty-four hour skilled nursing care.

  3. (a) At the time of the admission to an assisted living residence, a resident shall submit to the facility a written report from a physician, a physician assistant or a nurse practitioner, which report shall state:

  (i) that the physician, physician assistant or nurse practitioner has physically examined the resident within one month and the date of such examination;

  (ii) that the resident is not in need of acute or long term medical or nursing care which would require placement in a hospital or residential health care facility; and

  (iii) that the resident is not otherwise medically or mentally unsuitable for care in the facility.

  (b) For the purpose of creating an accessible and available record and assuring that a resident is properly placed in such a facility, the report shall contain the resident's significant medical history and current conditions, the prescribed medication regimen, recommendations for diet, the assistance needed in the activities of daily living, and where appropriate, recommendations for exercise, recreation and frequency of medical examinations.

  (c) Such resident shall thereafter be examined by a physician, a physician assistant or a nurse practitioner at least annually, and shall submit an annual written report in conformity with the provisions of this subdivision.

  (d) Following a resident's stay in a hospital or residential health care facility, upon return to the assisted living residence, the assisted living residence shall not be required to obtain the report in paragraph (a) of this subdivision, and instead shall obtain a statement from the discharging facility which shall:

  (i) state that the resident is appropriate to return to the residence; and

  (ii) include the reason for the stay, the treatment plan to be followed, and any new or changed orders, including medications.

  The statement shall be completed by a physician, a physician assistant or a nurse practitioner.

  (e) Nothing required in this subdivision shall require the use of an identical form in adult care facilities and assisted living residences, either upon admission or return.

  * NB There are 2 § 4657's