NY Coalition for Quality Assisted Living, Inc. v MFY Legal Servs., Inc.

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Plaintiff, the New York Coalition for Quality Assisted Living (NYCQAL), a not-for-profit association of members who operate adult homes and assisted living facilities that were regulated pursuant to 18 NYCRR Parts 485 through 48, commenced this action seeking a judgment declaring, among other things, that its guidelines were enforceable and enjoining defendants from violating such guidelines. The court held that the Appellate Division properly concluded that the guidelines impermissibly restricted advocate access to facility residents and violated 18 NYCRR 485.14 and the DOH's interpretation of that regulation. The Appellate Division had a sound basis for concluding that the guidelines, which called for facility representatives to serve as intermediaries between advocates and the residents and prohibited advocates from walking through the facility without the intention of visitng with a particular resident, conflicted with the regulations and the DOH's interpretation of them. Likewise, the Appellate Division properly concluded that the guideline providing that a vistors' failure to comply with any of the guidelines would "constitute reasonable cause to restrict access" conflicts with 18 NYCRR 485.14(g). View "NY Coalition for Quality Assisted Living, Inc. v MFY Legal Servs., Inc." on Justia Law