NY Pub Health L § 4656-2 (2021)
2021 New York Laws PBH - Public Health Article 46-B - Assisted Living Title 4 - General Requirements 4656*2 - 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 for applications for up to nine additional beds to  an  existing enhanced or special needs assisted living certificate qualified as being in  good  standing  under  section forty-six hundred fifty-three of this article.   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