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This entry was published on 2014-09-22
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SECTION 4658*2
Residency agreement and disclosures
Public Health (PBH) CHAPTER 45, ARTICLE 46-B, TITLE 4
* § 4658. Residency agreement and disclosures. 1. Every operator shall
execute with each resident a written residency agreement, in no less
than twelve point type and written in plain language, which satisfies
the requirements of this section. Such agreement shall:

(a) be dated and signed by the operator, the resident, resident's
representative, and resident's legal representative, if any, and any
other party to be charged under the agreement;

(b) contain the entire agreement of the parties and shall include the
disclosures required by subdivision three of this section.

1-a. The resident, resident's representative and resident's legal
representative, if any, shall be given a complete copy of the agreement
and all supporting documents and attachments and any changes whenever
changes are made to the agreement.

2. The residency agreement shall include, at a minimum:

(a) the name, telephone number, street address and mailing address of
the residence;

(b) the name and mailing address of the owner of the residence and at
least one natural person authorized to accept personal service on behalf
of the owner of the residence;

(c) the name and address of the assisted living operator and at least
one natural person authorized to accept personal service on behalf of
the operator;

(d) a statement, to be updated as necessary, describing the licensure
or certification status of the assisted living operator and any provider
offering home care services or personal care services under an
arrangement with the residence, including a specific listing of such
providers;

(e) the effective period of the agreement;

(f) a description of the services to be provided to the resident and
the base rate to be paid by the resident for those services;

(g) a description of any additional services available for an
additional, supplemental, or community fee from the assisted living
operator directly or through arrangements with the operator, stating who
would provide such services, if other than such operator;

(h) a rate or fee schedule, including any additional, supplemental, or
community fees charged for services provided to the resident, with a
detailed explanation of which services and amenities are covered by such
rates, fees, or charges;

(i) a description of the process through which the agreement may be
modified, amended, or terminated, and setting forth the terms and time
frames under which the agreement may be terminated by either party;

(j) a description of the complaint resolution process available to
residents;

(k) the name of the resident's representative and resident's legal
representative, if any, and a description of the representative's
responsibilities;

(l) the criteria used by the operator to determine who may be admitted
and who may continue to reside in the residence, including criteria
related to the resident's care needs and compliance with reasonable
rules of the residence;

(m) procedures and standards for termination of contract, discharge
and transfer to another dwelling or facility;

(n) billing and payment procedures and requirements;

(o) procedures in the event the resident, resident's representative or
resident's legal representative are no longer able to pay for services
provided for in the resident agreement or for additional services or
care needed by the resident; and

(p) terms governing the refund of any previously paid fees or charges
in the event of a resident's discharge from the assisted living
residence or termination of the resident agreement.

3. In conjunction with any marketing materials and with the residency
agreement required by this section, the assisted living operator shall
disclose on a separate information sheet in plain language and in twelve
point type the following to (a) any individual who expresses an interest
in residing in the residence, and to his or her designated
representative and his or her legal representative, if any, upon request
or prior to admission, whichever occurs first, and (b) any current
resident and to his or her designated representative and his or her
legal representative, if any, if such information has not previously
been disclosed to them:

(i) the consumer information guide developed by the commissioner
pursuant to subdivision one of section forty-six hundred sixty-two of
this title;

(ii) a statement listing the residence's licensure and if it has an
enhanced assisted living certificate and/or special needs enhanced
assisted living certificate and the availability of enhanced assisted
living and/or special needs beds;

(iii) any ownership interest in excess of ten percent on the part of
the operator, whether legal or beneficial, in any entity which provides
care, material, equipment or other services to residents;

(iv) any ownership interest in excess of ten percent on the part of
any entity which provides care, material, equipment or other services to
residents, whether legal or beneficial, in the operator;

(v) a statement regarding the ability of residents to receive services
from service providers with whom the operator does not have an
arrangement;

(vi) a statement that residents shall have the right to choose their
health care providers, notwithstanding any other agreement to the
contrary;

(vii) a statement regarding the availability of public funds for
payment for residential, supportive or home health services including,
but not limited to availability of coverage of home health services
under title eighteen of the federal social security act (Medicare);

(viii) the department's toll free telephone number for reporting of
complaints regarding home care services and the services provided by the
assisted living operator; and

(ix) a statement regarding the availability of long term care
ombudsman services and the telephone number of the local and state long
term care ombudsman.

4. Assisted living residency agreements and related documents executed
by each resident, resident's representative or resident's legal
representative shall be maintained by the operator in files from the
date of execution until three years after the agreement is terminated.
The agreements shall be made available for inspection by the
commissioner upon request at any time.

* NB There are 2 § 4658's