STATE OF NEW YORK ________________________________________________________________________ 5980 2025-2026 Regular Sessions IN SENATE March 4, 2025 ___________ Introduced by Sen. S. RYAN -- read twice and ordered printed, and when printed to be committed to the Committee on Aging AN ACT to amend the public health law, in relation to establishing a continuing care retirement community bill of rights The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The public health law is amended by adding a new section 2 4625 to read as follows: 3 § 4625. Continuing care retirement community bill of rights. 1. Every 4 continuing care retirement community (CCRC) shall adopt, implement and 5 distribute to residents the following continuing care retirement commu- 6 nity bill of rights. All residents of CCRCs shall have the right to: 7 a. expect full, prompt and complete fulfillment by the CCRC's manage- 8 ment of those services delineated in their contracts and other affil- 9 iated contracts. An annual survey of such services with an evaluation of 10 their fulfillment shall be implemented by the residents' association 11 with results distributed to residents. Contracts approved by the manage- 12 ment of the CCRC shall be available for inspection by residents or their 13 designated representatives; 14 b. establish, organize, fund, develop by-laws for, and operate a resi- 15 dents' association whose purposes include, but are not limited to, 16 representing the interests of the residents to the administration and 17 the CCRC's corporate governing board; 18 c. freely assemble, with or without the participation of management 19 and staff as the residents in their judgment deem advisable, to enhance 20 communication and information-sharing among the residents, and to 21 promote active learning and discussion of issues facing the CCRC commu- 22 nity; 23 d. select and appoint, in accordance with the resident association's 24 own by-laws, at least one but no more than two members of the CCRC's EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10580-01-5
S. 5980 2 1 corporate governing board, who have rights and duties commensurate with 2 the other board members; 3 e. receive regularly scheduled reports from the association-appointed 4 governing board members about the board's deliberations, actions and 5 policies. Residents have a right to a corporate governing board every 6 member of which acknowledges their fiduciary responsibility to the resi- 7 dents. All corporate board and corporate board committee meetings shall 8 be open to any resident or their representative wishing to attend with- 9 out fear of reprisal except for meetings closed in accordance with state 10 or federal statutes and regulations. Meetings shall be closed only for 11 discussion of personnel or personal health issues; 12 f. be kept informed by the administration, on a semiannual basis, 13 about all significant issues of management which directly affect resi- 14 dents' well-being or their financial investment, or any issues about 15 which residents are concerned, limited only by necessary and explicitly 16 defined policies of confidentially and privacy; 17 g. full disclosure of the finances of the corporation, presented at 18 least on an annual basis. In cases where a community is a member of a 19 consortium of communities, residents have the right to be fully informed 20 of the finances of both their local community and of the parent corpo- 21 ration. CCRC residents have the right to receive periodic written 22 reports from a duly certified actuary affirming that sufficient funds 23 will be available for the future likely needs of the resident popu- 24 lation. Residents have the right to be informed in advance if any sale 25 of the community to another operator or provider comes under consider- 26 ation; 27 h. a plain English list of those services guaranteed by the residency 28 contract, as well as a list of those services offered by the CCRC to 29 residents but not guaranteed in the contract (and which may be modified 30 or withdrawn at the discretion of the management or corporate governing 31 board), provided to all prospective residents prior to their being asked 32 to sign the contract; 33 i. visit the assisted living and skilled nursing facilities, as well 34 as all the amenities associated with independent living, before signing 35 a contract; 36 j. be informed in advance of, and be given an opportunity to comment 37 on, changes in the delivery of services, including changes in staffing 38 levels in its administrative and service departments and changes in 39 staff credentialing requirements in areas such as health care, food 40 service, and facilities maintenance. Such notice shall be given in 41 advance of implementation with sufficient time for residents to respond; 42 k. be informed, at least a month in advance of implementation, about 43 any change in fees, and have the opportunities to comment on such chang- 44 es to management and to the governing board. The CCRC management and/or 45 corporate board shall respond with written responses to residents; 46 l. participate directly in the governance of the residents' associ- 47 ation through communication, discussion, and decision-making in open 48 meetings, through membership in association committees, and through the 49 election of officers and members of the resident association's own board 50 of directors, in accordance with by-laws; 51 m. raise issues concerning their own well-being, their quality of 52 life, and the sufficiency of their involvement in community life and 53 governance, and to advocate openly for issues of concern to them to be 54 discussed and dealt with by the residents' association, the adminis- 55 tration, and the governing board as appropriate;
S. 5980 3 1 n. establish and operate informal activities of any kind, so long as 2 they do not impact negatively on the lives of others, violate the law, 3 interfere with other activities in community space and facilities, or 4 require resident association funds; 5 o. organize and seek residents' association recognition of a new 6 committee or other resident activity needing community facilities, or 7 residents' association funds; 8 p. all the benefits of living in community, including all the services 9 and amenities on offer, and all regulations applying to community life, 10 provided and enforced impartially and without prejudice, regardless of a 11 resident's age, gender, religion, race, economic status, professional 12 background, sexual orientation, past or present advocacy of issues and 13 policies applying to community life and governance, past or present 14 activism in the polity outside of the retirement community, or past or 15 present service on boards or committees; 16 q. select, based on availability and the resident's financial quali- 17 fications, an independent living apartment of the resident's choice and 18 to appoint and furnish it to the resident's taste, within the provisions 19 of the life-care contract and fire and safety regulations; and 20 r. participate as fully and meaningfully as possible when the need to 21 move to an assisted living facility or skilled nursing unit comes under 22 discussion. Family members designated by the resident shall have the 23 right to be kept informed of the resident's condition and care plan. 24 Residents or their designated medical proxies shall have the right to 25 refuse medications and treatments. 26 2. The commissioner shall designate an ombudsperson for each county in 27 which a CCRC is located to monitor the bill of rights established by 28 this section and any other regulations concerning residence in independ- 29 ent living at a CCRC. The commissioner shall promulgate regulations 30 providing direction and regulatory authority to the ombudsperson. Resi- 31 dents and/or their family members or representatives shall have the 32 right to contact their county ombudperson with complaints, compliments, 33 and/or comments without prejudice or recrimination. Records of the 34 contacts made under the ombudsperson program shall be a matter of public 35 record and available on request. 36 § 2. This act shall take effect on the ninetieth day after it shall 37 have become a law. Effective immediately, the addition, amendment and/or 38 repeal of any rule or regulation necessary for the implementation of 39 this act on its effective date are authorized to be made and completed 40 on or before such effective date.