Bill Text: NY A01724 | 2011-2012 | General Assembly | Introduced
Bill Title: Provides for notification of rate increases to residents of residential health care facilities, assisted living facilities and adult care facilities; requires forty-five days notice for any increase; specifies that a 10% increase requires 90 days prior notification to residents; provides for an appeals process.
Spectrum: Partisan Bill (Democrat 10-0)
Status: (Introduced - Dead) 2012-01-04 - referred to health [A01724 Detail]
Download: New_York-2011-A01724-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
1724
2011-2012 Regular Sessions
I N A S S E M B L Y
January 11, 2011
___________
Introduced by M. of A. ROSENTHAL, DINOWITZ, GOTTFRIED, MILLMAN, CAHILL
-- Multi-Sponsored by -- M. of A. BOYLAND, PAULIN, J. RIVERA, ROBIN-
SON, WEISENBERG -- read once and referred to the Committee on Health
AN ACT to amend the public health law, in relation to notification of
rate increases to residents of assisted living residences
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Title 4 of article 46-B of the public health law is
2 amended by adding a new section 4664 to read as follows:
3 S 4664. ASSISTED LIVING; RATE INCREASES. 1. IF AN ASSISTED LIVING
4 RESIDENCE INCREASES THE RATES OF FEES FOR RESIDENTS OR MAKES INCREASES
5 IN ANY OF ITS RATE STRUCTURES FOR SERVICES, THE OPERATOR SHALL PROVIDE
6 NO LESS THAN FORTY-FIVE DAYS PRIOR NOTICE TO THE RESIDENTS OR THE RESI-
7 DENTS' REPRESENTATIVES SETTING FORTH THE AMOUNT OF THE INCREASE, THE
8 REASON FOR THE INCREASE, AND A DESCRIPTION OF THE METHODOLOGY, INCLUDING
9 A GENERAL DESCRIPTION OF THE ADDITIONAL COSTS, EXCEPT FOR AN INCREASE IN
10 THE RATE DUE TO A CHANGE IN THE LEVEL OF CARE OF THE RESIDENT. THIS
11 SUBDIVISION SHALL NOT APPLY TO OPTIONAL SERVICES THAT ARE PROVIDED BY
12 INDIVIDUALS, PROFESSIONALS, OR ORGANIZATIONS UNDER A SEPARATE
13 FEE-FOR-SERVICE ARRANGEMENT WITH THE RESIDENTS.
14 2. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION, IF AN ASSISTED
15 LIVING RESIDENCE INCREASES RATES BY MORE THAN TEN PERCENT, THE OPERATOR
16 SHALL PROVIDE NO LESS THAN NINETY DAYS PRIOR WRITTEN NOTICE TO THE RESI-
17 DENTS OR THE RESIDENTS' REPRESENTATIVES SETTING FORTH THE AMOUNT OF THE
18 INCREASE, THE REASON FOR THE INCREASE, AND A DESCRIPTION OF THE METHOD-
19 OLOGY, INCLUDING A GENERAL DESCRIPTION OF THE ADDITIONAL COSTS, EXCEPT
20 FOR AN INCREASE IN THE RATE DUE TO A CHANGE IN THE LEVEL OF CARE OF THE
21 RESIDENT. EACH ASSISTED LIVING RESIDENCE SHALL ESTABLISH A PROCESS FOR
22 RESIDENTS OF THE ASSISTED LIVING RESIDENCE TO OPPOSE THE RATE INCREASE
23 BASED ON FINANCIAL HARDSHIP, INCLUDING PROVISIONS FOR INFORMATION AND
24 POSSIBLE RESIDENTIAL ALTERNATIVES FOR THOSE RESIDENTS. THE NOTICE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01773-01-1
A. 1724 2
1 REQUIRED BY THIS SUBDIVISION SHALL INFORM RESIDENTS ABOUT THE APPEALS
2 PROCESS. THIS SUBDIVISION SHALL NOT APPLY TO OPTIONAL SERVICES THAT ARE
3 PROVIDED BY INDIVIDUALS, PROFESSIONALS, OR ORGANIZATIONS UNDER A SEPA-
4 RATE FEE-FOR-SERVICE ARRANGEMENT WITH RESIDENTS.
5 3. NO ASSISTED LIVING RESIDENCE SHALL CHARGE NONRECURRING LUMP-SUM
6 ASSESSMENTS. THE NOTIFICATION REQUIREMENTS CONTAINED IN SUBDIVISION ONE
7 OF THIS SECTION SHALL APPLY TO INCREASES SPECIFIED IN THIS SUBDIVISION.
8 FOR PURPOSES OF THIS SUBDIVISION, "NONRECURRING LUMP-SUM ASSESSMENTS"
9 ARE DEFINED AS RATE INCREASES DUE TO UNAVOIDABLE AND UNEXPECTED COSTS
10 THAT FINANCIALLY OBLIGATE THE ASSISTED LIVING RESIDENCE. IN LIEU OF THE
11 LUMP-SUM PAYMENT, ALL INCREASES IN RATES SHALL BE TO THE MONTHLY RATE
12 AMORTIZED OVER A TWELVE MONTH PERIOD. THE PROHIBITION AGAINST A LUMP-SUM
13 ASSESSMENT SHALL NOT APPLY TO CHARGES FOR SPECIFIC GOODS OR SERVICES
14 PROVIDED TO AN INDIVIDUAL RESIDENT.
15 4. EACH ASSISTED LIVING RESIDENCE SHALL INCLUDE ALL OF THE FOLLOWING
16 IN ITS RESIDENCY AGREEMENT:
17 (A) A COMPREHENSIVE DESCRIPTION OF ANY ITEMS AND SERVICES PROVIDED
18 UNDER A SINGLE FEE, SUCH AS A MONTHLY FEE FOR ROOM, BOARD, AND OTHER
19 ITEMS AND SERVICES;
20 (B) A COMPREHENSIVE DESCRIPTION OF, AND THE FEE SCHEDULE FOR, ALL
21 ITEMS AND SERVICES NOT INCLUDED IN A SINGLE FEE. IN ADDITION, THE AGREE-
22 MENT SHALL INDICATE THAT THE RESIDENT SHALL RECEIVE A MONTHLY STATEMENT
23 ITEMIZING ALL SEPARATE CHARGES INCURRED BY THE RESIDENT;
24 (C) A FACILITY MAY ASSESS A SEPARATE CHARGE FOR AN ITEM OR SERVICE
25 ONLY IF THAT SEPARATE CHARGE IS AUTHORIZED BY THE RESIDENCY AGREEMENT.
26 IF ADDITIONAL SERVICES ARE AVAILABLE THROUGH THE FACILITY TO BE
27 PURCHASED BY THE RESIDENT THAT WERE NOT AVAILABLE AT THE TIME THE RESI-
28 DENCY AGREEMENT WAS SIGNED, A LIST OF THESE SERVICES AND CHARGES SHALL
29 BE PROVIDED TO THE RESIDENT OR THE RESIDENT'S REPRESENTATIVE. A STATE-
30 MENT ACKNOWLEDGING THE ACCEPTANCE OR REFUSAL TO PURCHASE THE ADDITIONAL
31 SERVICES SHALL BE SIGNED AND DATED BY THE RESIDENT OR THE RESIDENT'S
32 REPRESENTATIVE AND ATTACHED TO THE RESIDENCY AGREEMENT;
33 (D) AN EXPLANATION OF THE USE OF THIRD-PARTY SERVICES WITHIN THE
34 FACILITY THAT ARE NOT RELATED TO THE RESIDENT'S SERVICE PLAN, INCLUDING,
35 BUT NOT LIMITED TO: ANCILLARY, HEALTH, AND MEDICAL SERVICES; HOW THEY
36 MAY BE ARRANGED, ACCESSED, AND MONITORED; ANY RESTRICTIONS ON THIRD-PAR-
37 TY SERVICES; AND WHO IS FINANCIALLY RESPONSIBLE FOR THE THIRD-PARTY
38 SERVICES;
39 (E) A COMPREHENSIVE DESCRIPTION OF BILLING AND PAYMENT POLICIES AND
40 PROCEDURES; AND
41 (F) A STATEMENT INDICATING THAT RATES MAY BE INCREASED AND THE CONDI-
42 TIONS UNDER WHICH RATES MAY BE INCREASED AND NOTIFICATION PROCEDURES
43 PURSUANT TO SUBDIVISIONS ONE AND TWO OF THIS SECTION.
44 5. NONPROFIT ASSISTED LIVING RESIDENCES SHALL BE EXEMPT FROM THE
45 PROVISIONS OF THIS SECTION.
46 S 2. This act shall take effect immediately.
