N.Y. PBH Law § 4657*2

* § 4657. Residency admission. 1. An assisted living operator shall\nconduct an initial pre-admission evaluation of a prospective resident to\ndetermine whether or not the individual is appropriate for admission to\nthe assisted living residence. Such evaluation shall be conducted by the\noperator and, if necessary, in conjunction with a home care services\nagency or appropriate employee pursuant to paragraph (d) of subdivision\none of section four thousand six hundred fifty-five of this article. The\noperator shall conduct all such evaluations using an evaluation tool\ndeveloped by the department, to be based on the recommendations of the\ntask force created pursuant to section five of the chapter of the laws\nof two thousand four which added this section or one developed by the\noperator that receives approval by the department.\n 2. The assisted living operator shall not admit any resident if the\noperator is not able to meet the care needs of the resident within the\nscope of services authorized under this article, and the individualized\nservice plan; provided, further that no operator shall admit any\nresident in need of twenty-four hour skilled nursing care.\n 3. (a) At the time of the admission to an assisted living residence, a\nresident shall submit to the facility a written report from a physician,\na physician assistant or a nurse practitioner, which report shall state:\n (i) that the physician, physician assistant or nurse practitioner has\nphysically examined the resident within one month and the date of such\nexamination;\n (ii) that the resident is not in need of acute or long term medical or\nnursing care which would require placement in a hospital or residential\nhealth care facility; and\n (iii) that the resident is not otherwise medically or mentally\nunsuitable for care in the facility.\n (b) For the purpose of creating an accessible and available record and\nassuring that a resident is properly placed in such a facility, the\nreport shall contain the resident's significant medical history and\ncurrent conditions, the prescribed medication regimen, recommendations\nfor diet, the assistance needed in the activities of daily living, and\nwhere appropriate, recommendations for exercise, recreation and\nfrequency of medical examinations.\n (c) Such resident shall thereafter be examined by a physician, a\nphysician assistant or a nurse practitioner at least annually, and shall\nsubmit an annual written report in conformity with the provisions of\nthis subdivision.\n (d) Following a resident's stay in a hospital or residential health\ncare facility, upon return to the assisted living residence, the\nassisted living residence shall not be required to obtain the report in\nparagraph (a) of this subdivision, and instead shall obtain a statement\nfrom the discharging facility which shall:\n (i) state that the resident is appropriate to return to the residence;\nand\n (ii) include the reason for the stay, the treatment plan to be\nfollowed, and any new or changed orders, including medications.\n The statement shall be completed by a physician, a physician assistant\nor a nurse practitioner.\n (e) Nothing required in this subdivision shall require the use of an\nidentical form in adult care facilities and assisted living residences,\neither upon admission or return.\n * NB There are 2 § 4657's\n