§ 461-g. Termination of admission agreements. 1. No adult home,
residence for adults or enriched housing program which is subject to
certification and supervision of the department shall terminate the
admission agreement of any resident of such facility and involuntarily
discharge him therefrom except for the following reasons:

(a) the need of the resident for continual medical or nursing care
which the adult home, residence for adults or enriched housing program
cannot provide;

(b) behavior of the resident which poses imminent risk of death or
imminent risk of serious physical harm to such resident or any other
person;

(c) failure of the resident to make timely payment for all authorized
charges, expenses and other assessments, if any, for services including
use and occupancy of the premises, materials, equipment and food which
the resident has agreed to pay pursuant to the resident's admission and
services agreement;

(d) repeated behavior of the resident which directly impairs the
well-being, care or safety of the resident or any other resident or
which substantially interferes with the orderly operation of the
facility;

(e) the facility has had its operating certificate limited, revoked or
temporarily suspended pursuant to subdivision four of section four
hundred sixty-d of this article, or the operator has voluntarily
surrendered the operating certificate for the facility to the
department; or

(f) a receiver has been appointed pursuant to the provisions of
section four hundred sixty-one-f of this article and, as required by
such section, is providing for the orderly transfer of all residents in
the facility to other facilities or is making other provisions for the
residents' continued safety and care.

2. (a) No admission agreement shall be terminated and no resident of
an adult home, residence for adults or enriched housing program
involuntarily discharged for the reasons stated in paragraphs (a), (b),
(c), (d) or (e) of subdivision one of this section unless: (i) the
operator gives at least thirty days written notice, on a form prescribed
by the department, to the resident, the resident's next of kin and the
person designated in the admission agreement as the responsible party,
if any, that the resident's admission agreement will be terminated and
the resident discharged; (ii) such notice contains the reason for the
termination of the admission agreement, the date that the discharge will
occur, a statement that the resident has a right to object to the
termination of the resident's admission agreement and subsequent
discharge, and a statement that if the resident does not leave the
facility voluntarily, the operator, in order to terminate the admission
agreement and discharge the resident, will be required to originate a
proceeding pursuant to the provisions of section four hundred
sixty-one-h of this article; (iii) the operator furnishes to the
resident a list of free legal services agencies within the facility's
geographical area and a list of other available community resources
which provide resident advocacy services, including the social services
district, which lists shall be provided to the operator by the
department; and (iv) the operator institutes a special proceeding in
accordance with the provisions of section four hundred sixty-one-h of
this article.

(b) No admission agreement shall be terminated and the resident of an
adult home, residence for adults or enriched housing program
involuntarily discharged for the reason stated in paragraph (c) of
subdivision one of this section, if the reason that the resident failed
to pay the authorized charges was an interruption in the receipt by such
resident of any public benefits to which such resident is entitled,
unless the operator of the facility, during the thirty day notice period
provided for in subparagraph (i) of paragraph (a) of this subdivision,
as part of the provision of case management services, assists the
resident, who shall cooperate with the operator, in attempting to obtain
such public benefits or any supplemental public benefits which are
available to persons who have not received their regular public
benefits.

(c) The admission agreement of a resident in an enriched housing
program may be terminated and the resident discharged pursuant to the
provisions of this section and section four hundred sixty-one-h of this
article; provided, however, where such resident has an existing lease
with the landlord of the premises in which the program is housed, the
resident may not be involuntarily removed from the premises pursuant to
this section and section four hundred sixty-one-h of this article,
except in accordance with the provisions of such lease and applicable
law and regulation.

3. (a) Nothing in this section shall prohibit: (i) the removal of a
resident from a facility, for medical treatment or care, to a hospital,
nursing home or residential health care facility, as defined in section
twenty-eight hundred one of the public health law, or to a hospital as
defined in section 1.03 of the mental hygiene law; or (ii) the removal
from the facility of a resident whose behavior poses an imminent risk of
death or imminent risk of serious physical harm to such resident or any
other person, by a peace officer, acting pursuant to his special duties,
or a police officer, who is a member of an authorized police department
or force or a sheriff's department; or (iii) the removal from the
facility of a resident, whose behavior poses an imminent risk of death
or imminent risk of serious physical harm, to a location which ensures
the resident's safety, pursuant to regulations of the department.

(b) Such removal shall not be deemed to be a termination of the
admission agreement. Such removal shall not relieve the operator of the
facility from the requirement of proceeding, subsequent to the removal
of the resident, in accordance with this section and section four
hundred sixty-one-h of this article in order to terminate the admission
agreement to prevent the resident from returning to the facility. When
an operator proceeds subsequent to the removal of the resident from the
facility, to terminate the admission agreement, the written notice
required to be given to the resident by subparagraph (i) of paragraph
(a) of subdivision two of this section shall be personally delivered to
the resident at the location to which he has been removed. If personal
delivery is not possible, then such notice shall be served upon the
resident by any of the methods permitted by section three hundred eight
of the civil practice law and rules.