Regulations promulgated by New York State to implement a 2004 state law, which was intended to improve the quality of care for assisted living residents, have been nullified by Supreme Court Justice Michael C. Lynch in two cases brought by the assisted living industry.  Empire State Association of Assisted Living, Inc. v. Daines, Index No. 6275-08; RJI No. 01-08-ST9135 (N.Y. Sup.Ct. Sep. 11, 2009); New York Coalition for Quality Assisted Living, Inc. v. Daines, Index No. 6328-08; RJI No. 01-08-ST9161 (N.Y. Sup.Ct. Sep. 11, 2009).

The judge ruled invalid key components of New York State’s assisted living regulations.  Of particular concern for consumers was the judge’s findings related to Special Needs Certification (for facilities that want to provide specialized dementia care) and Enhanced Assisted Living Certification (for facilities that want to provide care to people who are “aging in place,” that is, residents who are remaining in the facility as they become more frail and have needs that approach those of nursing home residents).  The judge nullified the requirement that such facilities have a full-time, licensed nurse (working in any capacity).  In addition, the court removed the structural and environmental standards in the regulations (though it found them to be “well motivated and in the interests of assisted living residents…”), nullified requirements pertaining to providing notice to a resident of a change in fees, and nullified provisions to ensure the safe administration and storage of medications.

For more information:

http://www.assisted-living411.org/documents/empirestateassocvdainesdecision.pdf

http://www.assisted-living411.org/documents/nycqalvdainesdecision.pdf