New York Codes, Rules and Regulations
Title 10 - DEPARTMENT OF HEALTH
Chapter X - Assisted Living Residences
Part 1001 - Assisted Living Residences
Section 1001.7 - Admission and retention standards
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Unless stated otherwise in this section, an operator of an assisted living residence shall admit and retain only those individuals who meet the admission and retention standards prescribed in 18 NYCRR section 487.4(a)-(e) or 488.4(a)-(d), depending upon the facility's certification under 18 NYCRR.
(b) An adult home certified pursuant to 18 NYCRR Part 487 or an enriched housing program certified pursuant to 18 NYCRR Part 488 in possession of a retention standards waiver for one or more residents as of June 3, 2005 shall not be required to apply for and obtain enhanced assisted living certification pursuant to section 1001.4(n) of this Part with respect to the residents included in such existing waiver, and limited to the conditions of such waiver; however, such waiver expires when such resident or residents either are discharged from the facility or die.
(c) Any resident of an adult home certified pursuant to 18 NYCRR Part 487 or an enriched housing program certified pursuant to 18 NYCRR Part 488 or an assisted living residence licensed pursuant to this Part who is currently occupying a bed under the retention standards waiver shall be allowed to continue to occupy such bed so long as the resident is within the conditions of the waiver granted; provided, no other resident shall be allowed to occupy a bed within such facility or residence under such retention standards waiver once the bed has been vacated.
(d) An operator possessing an enhanced assisted living certificate issued by the department pursuant to section 1001.4(n) of this Part may admit persons either from an assisted living residence or from the community, and may retain persons who exceed the admission and retention standards of an assisted living residence, provided that the enhanced assisted living residence can provide or arrange an adequate and safe plan of care in accordance with the ISP. Such individuals may include those who:
(e) Twenty-four hour skilled nursing or medical care.
(f) Prior to admission, or upon request, an operator must disclose, on a separate information sheet in plain language and in 12-point type, the information set forth in section 1001.8(f)(5) of this Part, to 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, and 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.
(g) Pre-admission evaluation. The operator shall conduct a pre-admission evaluation of each prospective resident within 30 days prior to admission, using the personal data and resident evaluation form, to determine whether or not the individual is appropriate for admission. Such evaluation shall be conducted by the operator, through its administrator or case manager, and if necessary, in conjunction with either a home care services agency approved under Public Health Law, article 36 or an appropriately licensed and trained employee of the operator, such as a registered professional or licensed practical nurse, a physical or occupational therapist, or a social worker.
(h) Medical evaluation. The operator shall assure that a medical evaluation, on a department form or a department-approved substitute, is conducted for every prospective resident. The medical evaluation shall be conducted within 30 days prior to the date of admission; and whenever a change in the resident's condition warrants, but no less than once in every 12 months. Such medical evaluation shall be a written and signed report from a physician, physician assistant or nurse practitioner, which includes:
(i) Information collected through the required prospective resident interview, mental health evaluation if required, medical evaluation, the pre-admission evaluation including the personal data and resident evaluation form, and any other information as needed, on forms approved by the department, must be used to determine whether the individual is appropriate for admission to the assisted living residence.
(j) The operator shall not admit any individual if the operator is not able to meet the individual's care needs within the scope of services authorized to be provided by the assisted living residence and the individualized service plan.
(k) Individualized service plan.
(l) No residence or agent, consultant, employee or representative thereof, shall make any payment to any party as compensation for referring a resident for admission without having obtained a signed agreement with the referring party, that provides that: