Requirements for Residency Admission in Assisted Living Facilities – N.Y. Pub. Health Law § 4657

Assisted living operators must evaluate prospective residents, with a tool developed by the department, to determine whether admission to the facility is appropriate. Facilities should not admit residents if they cannot meet their needs or if the resident requires “twenty-four hour skilled nursing care.” 

Upon admission, residents must provide the facility with a medical report stating that a “physician, physician assistant, or nurse practitioner” has examined the person, that the person does not need long term care in a hospital or residential facility, and that the person’s medical condition does not hinder their ability to live in the facility. The medical report must also contain the person’s medical history, medication regimen, and recommendations regarding diet, exercise, and their need for further medical exams. 

Adult care facility residents must receive a physical exam “at least annually” and provide the facility with a report containing the aforementioned information after each physical exam. 

If an adult care resident spends time in a hospital or residential health facility, the facility must, upon the resident’s discharge, obtain a statement from the discharging facility that the resident is fit to return to the adult care facility as well as information regarding the reason for their hospitalization and medication and treatment plans that the resident must follow.