§ 461-c. Resident care, services and charges. 1. Every operator of an
adult care facility, except a shelter for adults, shall execute with
each applicant for admission a written admission agreement, dated and
signed by the operator and the parties to be charged, which shall
contain the entire agreement of the parties and such other information
as department regulations shall require.

2. Such agreement executed pursuant to subdivision one of this section
shall enumerate in such detail as may be required by department
regulation all charges, expenses and other assessments, if any, for
services, materials, equipment and food, required by law or regulations
and other services, materials, equipment and food which such operator
agrees to furnish and supply to such resident during the period of
residency. No additional charges or expenses may be assessed against any
resident of a residence for adults, adult home or enriched housing
program, in excess of that contained in such agreement, except (a) upon
express written approval and authority of the resident, or his or her
sponsor, if any, or (b) in order to provide additional care, services or
supplies, upon the express order of the attending physician of the
resident, or (c) upon thirty days notice to the resident and to his or
her sponsor, if any, of additional charges and expenses due to increased
cost of maintenance and operation. However, in the event of any
emergency arising which affects such resident, additional charges may be
assessed for the benefit of such resident as are reasonable and
necessary for services, materials, equipment and food furnished and
supplied during such emergency.

2-a. (a) There shall be an implied warranty of habitability in each
written admission agreement executed pursuant to this section that shall
ensure the premises be fit for human habitation and for the uses
reasonably intended by the operator and the resident and that the
occupants of the facility shall not be subjected to any conditions which
would be dangerous, hazardous or detrimental to their life, health,
safety or welfare. Such statement shall not be read to be in any way
limiting a resident's rights to relief in an administrative or judicial
proceeding.

(b) An action for breach of the warranty of habitability and any
violation of a written admission agreement may be maintained in a court
of competent jurisdiction by the resident or representative of the
resident. The court shall apply New York Rules of Court Part 130 to any
action brought pursuant to this section.

3. The written agreement executed pursuant to subdivision one of this
section shall include a statement indicating that the resident and any
person designated by the resident shall be notified by the operator at
the request of the resident pursuant to regulations promulgated by the
department and, shall be provided written notification by the facility
not less than thirty days prior to a termination of the resident's
admission and services agreement; a statement that upon discharge or
transfer, the resident and any person designated by the resident shall
be notified by the operator at the request of the resident pursuant to
regulations promulgated by the department and, is entitled to a final
written statement of his or her account and that the resident is
entitled to the prompt return, within three business days, of any of his
or her money, property or thing of value held in trust or in custody by
the facility; a statement which details any and all money, property or
thing of value which is given, or promised to be given to the facility
on admission or at any other time, including any agreements made by
third parties for the benefit of a resident; and such other provisions
as the department determines necessary to fully inform the resident of
those items of care, services, materials, equipment and food that must
be provided by the facility pursuant to other applicable laws and
regulations, and the frequency thereof, and any additional items of
care, services, materials, equipment and food that the facility may in
its discretion agree to provide, and the frequency thereof. Waiver of
any provision contained herein by a resident shall be void. Such
statement as herein provided shall be annexed to the admission
agreement.

4. No resident of an adult care facility who is entitled to receive a
personal allowance pursuant to the provisions of section one hundred
thirty-one-o of this chapter shall be required to use any of the
proceeds from such allowance to pay the operator of an adult care
facility for any services or supplies, unless the resident elects to
purchase such services or supplies and the department has determined
that such services or supplies are not otherwise required to be provided
by the operator pursuant to law, regulation or agreement and the charges
for such services or supplies are reasonable.

5. Whenever a resident authorizes an operator of an adult care
facility or any person affiliated therewith, to exercise control over
his or her money, property or thing of value, such authorization shall
be in writing and subscribed by the parties to be charged. Any such
money, property or thing of value belonging to the resident shall not be
mingled with the funds or become an asset of the person receiving the
same, but shall be segregated and recorded on the facility's financial
records as independent accounts.

6. No adult care facility shall receive or retain any person who is in
need of continual medical or nursing care as provided by facilities
licensed pursuant to article twenty-eight of the public health law or
articles nineteen, twenty-three, thirty-one and thirty-two of the mental
hygiene law.

7. (a) At the time of the admission to an adult care facility, other
than a shelter for adults, 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
unsuited 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 also contain the resident's significant medical history and
current conditions, the prescribed medication regimen, and
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 adult care facility, the adult care
facility 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 facility;
and

(ii) include the reason for the resident's 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 section shall require the use of an
identical form in adult care facilities and assisted living residences,
either upon admission or return.

8. The department shall promulgate regulations with respect to the
safekeeping and administration of medications in any adult care facility
subject to the provisions of section four hundred sixty-c of this
article, in accordance with applicable provisions of law, and after
consultation with the state department of health and appropriate offices
of the state department of mental hygiene.

9. The department shall, with the consent of a resident living in a
facility which has received the lowest rating for eighteen months from
the effective date of this subdivision, pursuant to section four hundred
sixty-one-n of this title, present the resident and any person
designated by the resident with options on relocating such resident to a
facility which has obtained a higher rating, or other housing
alternatives.