Bill Text: NY S08770 | 2023-2024 | General Assembly | Introduced
Bill Title: Establishes a continuing care retirement community bill of rights; requires the commissioner of health to designate a county ombudsman to monitor such bill of rights.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2024-03-08 - REFERRED TO AGING [S08770 Detail]
Download: New_York-2023-S08770-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8770 IN SENATE March 8, 2024 ___________ Introduced by Sen. RYAN -- read twice and ordered printed, and when printed to be committed to the Committee on Aging AN ACT to amend the public health law, in relation to establishing a continuing care retirement community bill of rights The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The public health law is amended by adding a new section 2 4625 to read as follows: 3 § 4625. Continuing care retirement community bill of rights. 1. Every 4 continuing care retirement community (CCRC) shall adopt, implement and 5 distribute to residents the following continuing care retirement commu- 6 nity bill of rights. All residents of CCRCs shall have the right to: 7 a. expect full, prompt and complete fulfillment by the CCRC's manage- 8 ment of those services delineated in their contracts and other affil- 9 iated contracts. An annual survey of such services with an evaluation of 10 their fulfillment shall be implemented by the residents' association 11 with results distributed to residents. Contracts approved by the manage- 12 ment of the CCRC shall be available for inspection by residents or their 13 designated representatives; 14 b. establish, organize, fund, develop by-laws for, and operate a resi- 15 dents' association whose purposes include, but are not limited to, 16 representing the interests of the residents to the administration and 17 the CCRC's corporate governing board; 18 c. freely assemble, with or without the participation of management 19 and staff as the residents in their judgment deem advisable, to enhance 20 communication and information-sharing among the residents, and to 21 promote active learning and discussion of issues facing the CCRC commu- 22 nity; 23 d. select and appoint, in accordance with the resident association's 24 own by-laws, at least three members of the CCRC's corporate governing 25 board, who have rights and duties commensurate with the other board 26 members; 27 e. receive regularly scheduled reports from the association-appointed 28 governing board members about the board's deliberations, actions and EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14783-01-4S. 8770 2 1 policies. Residents have a right to a corporate governing board every 2 member of which acknowledges their fiduciary responsibility to the resi- 3 dents. All corporate board and corporate board committee meetings shall 4 be open to any resident or their representative wishing to attend with- 5 out fear of reprisal except for meetings closed in accordance with state 6 or federal statutes and regulations. Meetings shall be closed only for 7 discussion of personnel or personal health issues; 8 f. be kept informed by the administration, on a semiannual basis, 9 about all significant issues of management which directly affect resi- 10 dents' well-being or their financial investment, or any issues about 11 which residents are concerned, limited only by necessary and explicitly 12 defined policies of confidentially and privacy; 13 g. full disclosure of the finances of the corporation, presented at 14 least on an annual basis. In cases where a community is a member of a 15 consortium of communities, residents have the right to be fully informed 16 of the finances of both their local community and of the parent corpo- 17 ration. CCRC residents have the right to receive periodic written 18 reports from a duly certified actuary affirming that sufficient funds 19 will be available for the future likely needs of the resident popu- 20 lation. Residents have the right to be informed in advance if any sale 21 of the community to another operator or provider comes under consider- 22 ation; 23 h. a plain English list of those services guaranteed by the contract, 24 as well as a list of those services offered by the CCRC but not guaran- 25 teed in the contract (and which may be modified or withdrawn at the 26 discretion of the management or corporate governing board), provided to 27 all prospective residents prior to their being asked to sign the 28 contract; 29 i. visit the assisted living and skilled nursing facilities, as well 30 as all the amenities associated with independent living, before signing 31 a contract; 32 j. be informed in advance of, and be given an opportunity to comment 33 on, changes in the delivery of services, including changes in staffing 34 levels in its administrative and service departments and changes in 35 staff credentialing requirements in areas such as health care, food 36 service, and facilities maintenance. Such notice shall be given in 37 advance of implementation with sufficient time for residents to respond; 38 k. be informed, at least a month in advance of implementation, about 39 any change in fees, and have the opportunities to comment on such chang- 40 es to management and to the governing board. The CCRC management and/or 41 corporate board shall respond with written responses to residents; 42 l. participate directly in the governance of the residents' associ- 43 ation through communication, discussion, and decision-making in open 44 meetings, through membership in association committees, and through the 45 election of officers and members of the resident association's own board 46 of directors, in accordance with by-laws; 47 m. raise issues concerning their own well-being, their quality of 48 life, and the sufficiency of their involvement in community life and 49 governance, and to advocate openly for issues of concern to them to be 50 discussed and dealt with by the residents' association, the adminis- 51 tration, and the governing board as appropriate; 52 n. establish and operate informal activities of any kind, so long as 53 they do not impact negatively on the lives of others, violate the law, 54 interfere with other activities in community space and facilities, or 55 require resident association funds;S. 8770 3 1 o. organize and seek residents' association recognition of a new 2 committee or other resident activity needing community facilities, or 3 residents' association funds; 4 p. all the benefits of living in community, including all the services 5 and amenities on offer, and all regulations applying to community life, 6 provided and enforced impartially and without prejudice, regardless of a 7 resident's age, gender, religion, race, economic status, professional 8 background, sexual orientation, past or present advocacy of issues and 9 policies applying to community life and governance, past or present 10 activism in the polity outside of the retirement community, or past or 11 present service on boards or committees; 12 q. select, based on availability and the resident's financial quali- 13 fications, an independent living apartment of the resident's choice and 14 to appoint and furnish it to the resident's taste, within the provisions 15 of the life-care contract and fire and safety regulations; and 16 r. participate as fully and meaningfully as possible when the need to 17 move to an assisted living facility or skilled nursing unit comes under 18 discussion. Family members designated by the resident shall have the 19 right to be kept informed of the resident's condition and care plan. 20 Residents or their designated medical proxies shall have the right to 21 refuse medications and treatments. 22 2. The commissioner shall designate an ombudsman for each county to 23 monitor the bill of rights established by this section and any other 24 regulations concerning residence in independent living at a CCRC. The 25 commissioner shall promulgate regulations providing direction and regu- 26 latory authority to the ombudsman. Residents and/or their family members 27 or representatives shall have the right to contact their county ombuds- 28 man with complaints, compliments, and/or comments without prejudice or 29 recrimination. Records of the contacts made under the ombudsman program 30 shall be a matter of public record and available on request. 31 § 2. This act shall take effect on the ninetieth day after it shall 32 have become a law. Effective immediately, the addition, amendment and/or 33 repeal of any rule or regulation necessary for the implementation of 34 this act on its effective date are authorized to be made and completed 35 on or before such effective date.
