New York

What is it called?

·        According to the 2007 Assisted Living State Regulatory Review, the official licensure term is Adult Care Facilities / Assisted Living

·        Assisted Living Residence

o       Licensed as an adult home or an enriched housing program

What services are provided?

·        Personal care and/or health care services

Who can be admitted?

·        Stable medical condition

·        Able to take action for self-preservation in an emergency

Who is inappropriate?

·        Must be refused admission or evicted

o       Requires services that cannot be provided by the facility

o       Requires 24-hour skilled nursing care

o       Requires health or mental health services that cannot be provided for

o       Interferes with facility’s orderly operation

o       Has unstable medical condition requiring continual skilled observation

o       Refuses or unable to comply with prescribed treatment program

o       Chronically bedfast

o       Suffers from communicable disease or health condition

·        Exceptions to disqualifying eviction conditions

o       If a facility has an enhanced assisted living certificate, the facility may retain residents with the following conditions

·        Unable to transfer, or requiring physical assistance of another person to transfer

·        Requires physical assistance in order to walk, and to climb or descend stairs

·        Dependent on medical equipment and requiring more than intermittent assistance from medical personnel

·        Chronic unmanaged urinary or bowel incontinence

o       If the facility has an enhanced assisted living certificate, and if the following conditions are satisfied, then a resident requiring 24-hour skilled nursing care may be retained

·        Resident hires appropriate nursing, medical, or hospice staff

·        Resident’s physician and home care services agency each determine that the resident can be safely cared for with the additional nursing, medical, or hospice staff

·        Facility agrees to retain the resident and to coordinate the care provided by the facility and the additional nursing, medical, or hospice staff

What training is required for direct care staff?

·        Adult homes and enriched housing program

o       Orientation and continuing education on staff responsibilities, resident rights, and facility rules

·        Enriched housing program

o       Personal care staff must complete a state-approved training program

Is any public payment available?

·        According to the 2007 Assisted Living State Regulatory Review, Medicaid reimbursement is available for home care services under the Assisted Living Program with a capacity of 4200 beds statewide. Medicaid reimbursement will not be available for people in assisted living residences. 

More Information

Department of Health                                                                New York Long Term Care Ombudsman

(518) 408 – 1600                                                                     (518) 474 - 7329

www.health.state.ny.us                                                 www.ombudsman.state.ny.us