Rochester Senior AdvisorWho can be admitted to an adult home in New York?
An adult home may admit only people whose needs it can meet without continual medical or nursing care: residents must not need ongoing skilled nursing, must not be chronically bedfast or chairfast, and must not be a danger to themselves or others.
The residence must have a medical evaluation, completed by a physician or other practitioner within the 30 days before admission, that confirms the person fits. ALR and especially EALR certification widens what a residence can accept, but the medical evaluation step stays the same.
What is a residency agreement, and what should it contain?
A residency agreement is the written admission contract every New York adult care facility and assisted living residence must sign with each resident, spelling out the services included, the monthly rate, extra charges, refund terms and the conditions under which the resident may be asked to leave.
Assisted living residences must also give a Consumer Information Guide and a disclosure statement before admission. Read the extra-charge schedule closely: medication management, incontinence care and escorts are where Rochester-area bills tend to grow after move-in. Ask how much notice the residence gives before a rate increase.
When can a New York residence ask a resident to leave?
A residence may discharge a resident whose needs exceed its license or certification, who has not paid after notice, or whose behavior endangers others, but it must give written notice with the reason and, except in emergencies, at least 30 days before the discharge date.
Residents can contest an involuntary discharge, and in New York an adult home or enriched housing operator generally needs a court order to evict a resident who refuses to leave. The long-term care ombudsman at Lifespan, 585-244-8400 ext. 114, helps residents through this at no cost.
What rights do residents of New York adult homes have?
Residents keep the rights of any adult, plus specific protections in New York regulations: privacy in their rooms and mail, control of their own money unless they choose otherwise, freedom to receive visitors, to voice complaints without retaliation, and to take part in a residents' council.
The department publishes a resident rights brochure and poster that every facility must display. If those rights are not respected, a resident or family can call the Adult Care Facility complaint hotline at 1-866-893-6772 or the ombudsman program.
Can a resident with a wheelchair or walker live in assisted living?
Yes; using a wheelchair or walker does not by itself bar admission, but a resident who chronically needs another person's physical help to walk, transfer or use stairs needs a bed certified as Enhanced Assisted Living (EALR) to stay long term.
This is the most common reason Rochester families are surprised by a move notice. Ask at the first tour whether the apartment being offered sits in an EALR-certified bed, and what the residence does when a resident who walked in begins to need a two-person transfer.
At a glance
| New York's admission and retention rules allow | They do not allow | |
|---|---|---|
| Admission | Residents whose needs the license can meet | Admitting someone needing continual nursing care |
| Aging in place | Heavier physical needs in EALR beds | Unlimited needs in a base license |
| Discharge | Written notice with a reason, usually 30 days | Eviction without process |
| Rights | Privacy, visitors, complaints without retaliation | Retaliation for calling the hotline |
Sources include the N.Y. Social Services Law and Public Health Law, 18 NYCRR Parts 487-494, 10 NYCRR Parts 415 and 1001, Department of Health GIS messages, CMS, the VA and CareScout, as cited above; see our editorial standards.
