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This entry was published on 2014-09-22
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SECTION 4657*2
Residency admission
Public Health (PBH) CHAPTER 45, ARTICLE 46-B, TITLE 4
* § 4657. Residency admission. 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

(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;

(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