As an alternative to a nursing home or home care, more people are choosing to reside in and be cared for by an Assisted Living Facility. In this setting, neglect may arise when your loved one is admitted to the facility or program or remains there when the facility is simply not equipped or able to properly care for the resident.
New Legislation-The Assisted Living Reform Act
In August 2004, the State’s Legislature passed the “Assisted Living Reform Act” which will add Article 46-B to the Public Health Law for New York. This measure creates a true assisted living law for the first time in New York. The passage was the result of a five year effort by Governor George Pataki, who had originally submitted the proposed Act to the Legislature in 1999. The Act took effect February 23, 2005. Among its many provisions, it:
- Defines assisted living and assisted living residences as separate from adult homes.
- Requires look-a-likes to become licensed or face serious penalties (class A misdemeanor, plus civil penalties), and provides incentives if they apply for licensure quickly.
- Requires full disclosure to consumers and their families interested in locating to an assisted living facility of at least nine points of information, including ownership by the facility operator (in excess of 10%) of any company which provides goods or services to residents as well as, ownership by any such company in the facility.
- Establishes a 16-point residents’ bill of rights.
- Creates a permanent, ongoing task force to deal with the many issues involved in assisted living, including the care of special populations, the development of appropriate patient assessment instruments, regulations, and other matters.
For a more complete overview of the statute’s provisions and requirements Click here 
to view a summary as prepared by the New York State Department of Health.
Listen to a Podcast on The Assisted Living Reform Act and its corresponding regulations: An interview with Sean J. Doolan, Esq. by John Fisher, Esq, January, 2013. Podcast
At Doolan Platt & Setareh, LLP we work with assisted living residents or their families to recover compensation for those who have been injured as a result of neglect, negligence, malpractice and/or carelessness in an Assisted Living Facility or Program. We can guide you through the steps that are needed to investigate your claim and to educate you on Assisted Living Facilities. We have assembled these resources for you to help you get started in reviewing Assisted Living Facilities, filing a complaint against one, or simply understanding your rights:
- Consumer Information Guide from the NYS Department of Health to help you decide if an assisted living residence is right for you. Click here
- Listing of Licensed Assisted Living Facilities from the NYS Department of Health
- Residents’ Bill of Rights from the NYS Department of Health. Click here
- Regulations applicable to Assisted Living Facilities from the NYS Department of Health
- For more information about assisted living residences or to report concerns or problems with a residence which cannot be resolved internally, call the NYS Department of Health or the NYS Long Term Care Ombudsman Program:
NYS Department of Health Division of Assisted Living Hotline: (866) 893-6772
NYS Long Term Care Ombudsman Program: (800) 342-9871
We keep our practice small, carefully selecting the cases we handle, so that we can focus on delivering high-quality legal services. We handle all matters related to your case, focusing our efforts on providing efficient and effective counsel that gets you the results you need.
For a free initial consultation, contact Doolan Platt & Setareh, LLP by e-mail or call us at 914-478-8900 to set up an appointment.