DOH Accepting Comments on Revised ALR Regulations Until June 5th
The Department of Health (DOH) has proposed changes to assisted living residence (ALR) regulations and is accepting comments on the proposed changes until June 5, 2023. The proposed changes are based on settlements from litigation in 2010. Additionally, language is proposed to implement a law passed requiring facilities to inquire about veteran status; it should be noted that this law applies the requirement to all adult care facilities (ACFs), not just ALRs.
Below is a summary of changes from the publication of proposed regulation changes:
- Subdivision (i) of Section 1001.4 is amended to remove the requirement that an operator shall not, without the prior written approval of the Department, convey title to, or enter into a lease or other use agreement, or amend an existing lease or use agreement, with respect to the real property on which the residence is located.
- Subdivision (g) of Section 1001.7 is amended to add paragraphs (1) through (3) to read as follows: (1) Assisted living residences shall keep and maintain accurate records identifying veterans and their spouses residing within such facilities. Such information shall be solicited by asking prospective and current residents the question “Have you or your spouse ever served in the United States military?” Admission forms and resident files must include the answer to this question. (2) Every assisted living residence licensed and certified by the department shall in writing advise all individuals identifying themselves as veterans or spouses of veterans that benefit assistance to veterans and their spouses is available through the Department of Veterans’ Services and local veterans’ service agencies; and provide the name, address, and telephone number of the New York State Department of Veterans’ Services, the nearest Department of Veterans’ Services office, the nearest county or city veterans’ service agency, and the nearest accredited veterans’ service officer. (3) With the permission of the individuals identifying as veterans or spouses of veterans, the assisted living residence shall transmit veteran status information to the Department of Veterans’ Services.
- Subparagraph (xvi) of paragraph (2) of subdivision (b) of Section 1001.8 is amended to make clear that every resident shall have the right to written notice of any fee increase not less than forty-five days prior to the proposed effective date of the fee increase, provided however, providing additional services to a resident shall not be considered a fee increase.
- Subdivision (j) of Section 1001.11 is amended to remove the specified minimum nursing coverage requirements.
- Subdivisions (k), (l), (m), (n), and (p) of Section 1001.11 are repealed.
- Section 1001.13 is repealed and replaced by a new section 1001.13, which contains updated structural and environmental standards.
Member feedback on these changes is welcome. The State will accept written comments on the proposed regulations until June 5th by emailing or submitting to Ms. Katherine E. Ceroalo at REGSQNA@health.ny.gov or:
NYS Department of Health
Bureau of Program Counsel, Regulatory Affairs Unit
Corning Tower Building, Room 2438
Empire State Plaza
Albany, NY 12237
Contact: Diane Darbyshire, ddarbyshire@leadingageny.org, 518-867-8828