Assisted living residences (ALR) are the fastest growing form of residential housing for U.S. senior citizens. 30,000 ALRs house almost 750,000 residents. The New York Assisted Living Reform Act (ALRA) defines an ALR as “an entity which provides or arranges for housing, on site monitoring, and personal care services and/or home care services (either directly or indirectly), in a home-like setting to five or more adult residents unrelated to the assisted living provider.”
ALRs are not hospitals, nursing homes, continuing care retirement communities, mental health facilities, independent senior housing, or an adult care facilities.
The ALRA requires ALRs to first be licensed as an adult home or enriched housing program prior to applying for licensure as an ALR. Once licensed for assisted living, the ALR can apply for enhanced assisted living or special needs certification. With enhanced assisted living certification, the ALR may retain residents that are non-ambulatory.
The ALR may maintain a dementia unit with special needs certification. Certification allows an ALR to retain a resident whose condition declines and needs additional care to complete daily activities.
Contact Robert Friedman, Attorney at 716-542-5444 if you have any Elder Law questions.