Assisted living is the fastest growing form of residential housing for older Americans.
New York Assisted Living Residences (ALR) are not a hospital, nursing home, continuing care retirement community, mental health facility, independent senior housing, or an adult care facility.
ALRs provide or arrange for housing, on site monitoring, and personal care services and/or home care services (either directly or indirectly), in a home-like setting to five or more adult residents unrelated to the assisted living provider.
Assisted living residents have the right to:
- Participation in assisted living shall be voluntary. Prospective residents shall be provided with sufficient information regarding the residence to make an informed choice regarding participation and acceptance of services;
- Civil and religious liberties, including the right to independent personal decisions and knowledge of available choices, shall not be infringed;
- Private communications and consultation with their physician, attorney, and any other person;
- Present grievances to the residence’s staff, administrator or assisted living operator, to governmental officials, to long term care ombudsmen or to any other person without fear of reprisal, and to join with other residents or individuals within or outside of the residence to work for improvements in resident care;
- Manage his or her own financial affairs;
- Privacy in treatment and in caring for personal needs;
- Confidentiality in the treatment of personal, social, financial and medical records, and security in storing personal possessions;
- Receive courteous, fair and respectful care and treatment and a written statement of the services provided by the residence, including those required to be offered on an as-needed basis;
- Receive or to send personal mail or any other correspondence without interception or interference by the operator or any person affiliated with the operator;
- Not be coerced or required to perform work of staff members or contractual work;
- Security for any personal possessions if stored by the operator;
- Receive adequate and appropriate assistance with activities of daily living, to be fully informed of their medical condition and proposed treatment, unless medically contraindicated, and to refuse medication, treatment or services after being fully informed of the consequences of such actions, provided that an operator shall not be held liable or penalized for complying with the refusal of such medication, treatment or services by a resident who has been fully informed of the consequences of such refusal;
- Include their signed and witnessed version of the events leading to an accident or incident involving such resident in any report of such accident or incident;
- Receive visits from family members and other adults of the resident’s choosing without interference from the assisted living residence; and
- Written notice of any fee increase not less than forty-five days prior to the proposed effective date of the fee increase. However, if a resident, resident representative or legal representative agrees in writing to a specific rate or fee increase through an amendment of the residency agreement due to the resident’s need for additional care, services or supplies, the operator may increase such rate or fee upon less than forty-five days written notice.
An assisted living resident cannot lawfully sign away the above rights and responsibilities through a waiver or by any other means.