2013 New York Consolidated Laws
PBH - Public Health
Article 46-A - (4650 - 4676) FEE-FOR-SERVICE CONTINUING CARE RETIREMENT COMMUNITIES DEMONSTRATION PROGRAM
4659 - Fee-for-service continuing care contract.

 
    * §  4659. Fee-for-service continuing care contract. A fee-for-service
  continuing care contract shall contain all of the following  information
  in  no less than twelve point type and in plain language, in addition to
  any other terms or matter as may be required by regulations  adopted  by
  the council and issued by the commissioner:
    1. The amount of all money transferred, including, but not limited to,
  donations,  subscriptions, deposits, fees, and any other amounts paid or
  payable by, or on behalf of, the resident or residents;
    2. A description of all services which are  to  be  furnished  by  the
  operator,  a description of any fees in addition to the entrance fee and
  periodic charges provided for in the contract, and the conditions  under
  which  the  fees  may  be  adjusted, provided that an operator shall not
  charge any non-refundable application fee to a prospective resident  who
  has  paid  a  non-refundable  priority reservation agreement application
  fee;
    3. The procedures of the community relating to a resident's failure to
  pay the required monthly fees;
    4. A statement of the figures and terms  concerning  the  entry  of  a
  spouse to the community and the consequences if the spouse does not meet
  the requirements for entry;
    5.  A statement of the terms and conditions under which a contract may
  be canceled by the operator or by a resident and  the  conditions  under
  which  all  or  any  portion of the entrance fee will be refunded by the
  operator,  including  the  mandatory  refund  provisions  set  forth  in
  sections forty-six hundred sixty and forty-six hundred sixty-two of this
  article;
    6.  The  procedures  and  conditions  under  which  a  resident may be
  transferred from his or her living unit including a statement  that,  at
  the  time  of  transfer,  the resident will be given the reasons for the
  transfer; the process by which a transfer decision is made; the  persons
  with  the  authority  to make the decision to transfer; a description of
  any change in charges to be  paid  by  the  resident  for  services  not
  covered  by  the  contract  fees  as  a  result  of  the transfer; and a
  statement regarding the disposition of and the right to  return  to  the
  living unit in cases of temporary and permanent transfers;
    7.  A statement that, if the resident dies prior to occupancy date or,
  through illness, injury or  incapacity  is  precluded  from  becoming  a
  resident  under the terms of the contract, the contract is automatically
  rescinded and the resident or his  or  her  legal  representative  shall
  receive  a  full  refund  of all moneys paid to the facility, except for
  those costs specifically incurred by the facility at the request of  the
  resident  and set forth in writing in a separate addendum, signed by the
  parties to the contract;
    8. A statement of the conditions under which all or any portion of the
  entrance fee will be released to the operator  before  the  living  unit
  becomes available for occupancy, and a statement of the conditions under
  which  all  or  any portion of that fee will be refunded in the event of
  the death of the resident and/or spouse following occupancy of a  living
  unit,  including  the  mandatory  refund provisions set forth in section
  forty-six hundred sixty of this article;
    9. A statement of the advance notice to be provided the  resident,  of
  not  less  than sixty days, of any change in fees or charges or scope of
  care or services;
    10. A statement that no act, agreement, or statement of any  resident,
  or  of  an individual purchasing care for a resident under any agreement
  to furnish care to the resident, shall constitute a valid waiver of  any
  provision  of this article or of any regulation enacted pursuant thereto

  intended for the benefit or protection of the resident or the individual
  purchasing care for the resident;
    11.  A  description of the reinstatement policies if a resident leaves
  the facility or the contract is canceled;
    12. A statement that  internal  procedures  to  resolve  disputes  and
  grievances have been established, and residents notified of them;
    13.  A  statement  of  the  grace  period,  if any, for the payment of
  periodic fees without a penalty, and the extent of any penalty  for  the
  late payment thereof;
    14.  A  statement that any amendment to the contract and any change in
  fees or charges, other than those within the guidelines of  an  approved
  rating system, must be approved by the commissioner;
    15.  A statement that property shall not be substituted as payment for
  either the entrance fee or monthly fee; and
    16. A statement whether the fee-for-service continuing  care  contract
  includes  any  ownership,  beneficial or trust interest in the assets of
  the operator, the assets of the facility, or both. Assets shall include,
  but are not limited to, property, trusts, reserves, interest  and  other
  assets.
    * NB There are 2 § 4659's