2006 New York Code - General Requirements; Applicability Of Laws To Assisted Living And Enhanced Assisted Living.

 
    * §  4656.  General  requirements;  applicability  of laws to assisted
  living and enhanced assisted  living.  1.  No  entity  shall  establish,
  operate,  provide,  conduct,  or offer assisted living in this state, or
  hold itself out as an entity which otherwise  meets  the  definition  of
  assisted  living  or advertise itself as assisted living or by a similar
  term, without obtaining the approval of the department to operate as  an
  adult care facility pursuant to title two of article seven of the social
  services  law,  obtaining  the approval of the department as required in
  this article, and otherwise acting  in  accordance  with  this  article.
  Provided however that an entity may simultaneously apply for approval to
  operate  as  an  adult care facility and as an assisted living residence
  pursuant to this article. This subdivision shall not apply  to  assisted
  living  programs  approved  by  the  department pursuant to section four
  hundred sixty-one-l of the social services law.
    2. An assisted  living  operator  shall  comply  with  all  applicable
  statutes,  rules  and  regulations  required  for  maintaining  a  valid
  operating certificate issued pursuant to title two of article  seven  of
  the  social  services  law  and  shall  obtain  and  maintain  all other
  licenses,  permits,  registrations,  or  other  governmental   approvals
  required in addition to requirements under this article.
    3.  Approval  for  licensure or certification pursuant to this article
  may be granted only to an applicant who satisfactorily demonstrates:
    (a) that such applicant possesses a  valid  operating  certificate  to
  operate as an adult home or enriched housing program pursuant to article
  seven  of  the social services law. An applicant that does not currently
  possess such operating certificate as an adult home or enriched  housing
  program  may  simultaneously  apply and be approved for such certificate
  and all other licenses and certifications authorized under this article;
    (b) that such  applicant  which  has  an  existing  valid  adult  care
  facility operating certificate, is in good standing with the department.
  For purposes of this subdivision, good standing shall mean the applicant
  has  not (i) received any official written notice from the department of
  a proposed revocation, suspension, denial or limitation on the operating
  certificate of the facility or residence; (ii) within the previous three
  years, been assessed a civil penalty after a hearing conducted  pursuant
  to  subparagraph  one  of  paragraph (b) of subdivision seven of section
  four hundred sixty-d of the social services law for a violation that has
  not been  rectified;  (iii)  within  the  previous  year,  received  any
  official  written notice from the department of a proposed assessment of
  a civil penalty  for  a  violation  described  in  subparagraph  two  of
  paragraph  (b)  of  subdivision seven of section four hundred sixty-d of
  the social services law; (iv) within  the  previous  three  years,  been
  issued  an  order  pursuant  to  subdivision two, five, six, or eight of
  section four hundred sixty-d of the social services law; (v) within  the
  previous three years, been placed on, and if placed on, removed from the
  department's  "do  not  refer  list"  pursuant to subdivision fifteen of
  section four hundred  sixty-d  of  the  social  services  law.  Provided
  however  that  in  the  case  of  an applicant which otherwise meets the
  requirements of this section, but is not in good standing as provided in
  this  paragraph,  the  department  may  approve  said  applicant  if  it
  determines  that  the  applicant  is  of  good  moral  character  and is
  competent to operate the residence. Such character and competence review
  shall be limited to applicants not in good  standing  pursuant  to  this
  paragraph  or an applicant subject to paragraph (f) of this subdivision.
  As  part  of  the  review  provided  pursuant  to  this  paragraph,  the
  department shall, on its webpage, solicit and consider public comment;
    (c)  that  such  applicant has adequate financial resources to provide
  such assisted living as proposed;
    (d) that the building, equipment, staff, standards of care and records
  to be employed in the operation comply with applicable statutes and  any
  applicable local law;
    (e)  that  any  license or permit required by law for the operation of
  such residence has been issued to such operator; and
    (f) in the case of an applicant which does not have an existing  valid
  adult   care   facility  operating  certificate,  such  applicant  shall
  otherwise comply with the provisions for certification as prescribed  by
  article seven of the social services law.
    4.  The  department  shall  develop  an  expedited review and approval
  process.
    5. The knowing operation of an assisted living  or  enhanced  assisted
  living  residence  without  the prior written approval of the department
  shall be a class A misdemeanor.
    6. Every assisted living residence that  is  required  to  possess  an
  assisted  living residence license shall be licensed on a biennial basis
  and shall pay a biennial licensure fee. Such fee shall be  five  hundred
  dollars  per  license,  with  an  additional  fee  of  fifty dollars per
  resident whose annual income  is  above  four  hundred  percent  of  the
  federal  poverty  level. Such additional fee shall be based on the total
  occupied beds at the time of  application,  up  to  a  maximum  biennial
  licensure fee of five thousand dollars. Said fee shall be in addition to
  the  fee  charged  by  the department for certification as an adult care
  facility. Every assisted living residence that applies for  an  enhanced
  assisted   living   certificate  or  a  special  needs  assisted  living
  certificate shall pay an additional biennial fee,  in  addition  to  any
  other  fee  required  by this subdivision, in the amount of two thousand
  dollars, provided that for any residence applying for both  an  enhanced
  assisted   living  certificate  and  a  special  needs  assisted  living
  certificate the amount of such fee shall be three thousand dollars.
    7. The requirements of this article shall  be  in  addition  to  those
  required  of  an adult care facility. In the event of a conflict between
  any provision of this article and a provision of article  seven  of  the
  social  services  law or a regulation adopted thereunder, the applicable
  provision of this article or the applicable regulation  shall  supersede
  article  seven  of  the social services law or the applicable regulation
  thereunder to the extent of such conflict.
    8. The assisted living operator shall not use  deceptive  or  coercive
  marketing  practices  to  encourage  residents or potential residents to
  sign or reauthorize the residency agreement required pursuant to section
  four thousand six hundred fifty-eight of this article.
    * NB There are 2 § 4656's