§ 4656*2 — General requirements; applicability of laws to assisted living and enhanced assisted living

* § 4656. General requirements; applicability of laws to assisted\nliving and enhanced assisted living. 1. No entity shall establish,\noperate, provide, conduct, or offer assisted living in this state, or\nhold itself out as an entity which otherwise meets the definition of\nassisted living or advertise itself as assisted living or by a similar\nterm, without obtaining the approval of the department to operate as an\nadult care facility pursuant to title two of article seven of the social\nservices law, obtaining the approval of the department as required in\nthis article, and otherwise acting in accordance with this article.\nProvided however that an entity may simultaneously apply for approval to\noperate as an adult care facility and as an assisted living residence\npursuant to this article. This subdivision shall not apply to assisted\nliving programs approved by the department pursuant to section four\nhundred sixty-one-l of the social services law.\n 2. An assisted living operator shall comply with all applicable\nstatutes, rules and regulations required for maintaining a valid\noperating certificate issued pursuant to title two of article seven of\nthe social services law and shall obtain and maintain all other\nlicenses, permits, registrations, or other governmental approvals\nrequired in addition to requirements under this article.\n 3. Approval for licensure or certification pursuant to this article\nmay be granted only to an applicant who satisfactorily demonstrates:\n (a) that such applicant possesses a valid operating certificate to\noperate as an adult home or enriched housing program pursuant to article\nseven of the social services law. An applicant that does not currently\npossess such operating certificate as an adult home or enriched housing\nprogram may simultaneously apply and be approved for such certificate\nand all other licenses and certifications authorized under this article;\n (b) that such applicant which has an existing valid adult care\nfacility operating certificate, is in good standing with the department.\nFor purposes of this subdivision, good standing shall mean the applicant\nhas not (i) received any official written notice from the department of\na proposed revocation, suspension, denial or limitation on the operating\ncertificate of the facility or residence; (ii) within the previous three\nyears, been assessed a civil penalty after a hearing conducted pursuant\nto subparagraph one of paragraph (b) of subdivision seven of section\nfour hundred sixty-d of the social services law for a violation that has\nnot been rectified; (iii) within the previous year, received any\nofficial written notice from the department of a proposed assessment of\na civil penalty for a violation described in subparagraph two of\nparagraph (b) of subdivision seven of section four hundred sixty-d of\nthe social services law; (iv) within the previous three years, been\nissued an order pursuant to subdivision two, five, six, or eight of\nsection four hundred sixty-d of the social services law; (v) within the\nprevious three years, been placed on, and if placed on, removed from the\ndepartment's "do not refer list" pursuant to subdivision fifteen of\nsection four hundred sixty-d of the social services law. Provided\nhowever that in the case of an applicant which otherwise meets the\nrequirements of this section, but is not in good standing as provided in\nthis paragraph, the department may approve said applicant if it\ndetermines that the applicant is of good moral character and is\ncompetent to operate the residence. Such character and competence review\nshall be limited to applicants not in good standing pursuant to this\nparagraph or an applicant subject to paragraph (f) of this subdivision.\nAs part of the review provided pursuant to this paragraph, the\ndepartment shall, on its webpage, solicit and consider public comment;\n (c) that such applicant has adequate financial resources to provide\nsuch assisted living as proposed;\n (d) that the building, equipment, staff, standards of care and records\nto be employed in the operation comply with applicable statutes and any\napplicable local law;\n (e) that any license or permit required by law for the operation of\nsuch residence has been issued to such operator; and\n (f) in the case of an applicant which does not have an existing valid\nadult care facility operating certificate, such applicant shall\notherwise comply with the provisions for certification as prescribed by\narticle seven of the social services law.\n 4. The department shall develop an expedited review and approval\nprocess for applications for up to nine additional beds to an existing\nenhanced or special needs assisted living certificate qualified as being\nin good standing under section forty-six hundred fifty-three of this\narticle.\n 5. The knowing operation of an assisted living or enhanced assisted\nliving residence without the prior written approval of the department\nshall be a class A misdemeanor.\n 6. Every assisted living residence that is required to possess an\nassisted living residence license shall be licensed on a biennial basis\nand shall pay a biennial licensure fee. Such fee shall be five hundred\ndollars per license, with an additional fee of fifty dollars per\nresident whose annual income is above four hundred percent of the\nfederal poverty level. Such additional fee shall be based on the total\noccupied beds at the time of application, up to a maximum biennial\nlicensure fee of five thousand dollars. Said fee shall be in addition to\nthe fee charged by the department for certification as an adult care\nfacility. Every assisted living residence that applies for an enhanced\nassisted living certificate or a special needs assisted living\ncertificate shall pay an additional biennial fee, in addition to any\nother fee required by this subdivision, in the amount of two thousand\ndollars, provided that for any residence applying for both an enhanced\nassisted living certificate and a special needs assisted living\ncertificate the amount of such fee shall be three thousand dollars.\n 7. (a) All assisted living residences, as defined in subdivision one\nof section forty-six hundred fifty-one of this article, including those\nlicensed and certified as an assisted living residence, special needs\nassisted living residence, or enhanced assisted living residence, shall:\n (i) report annually on quality measures to be established by the\ndepartment, in consultation with industry and consumer representatives,\nincluding the long-term care ombudsman or their representative, in the\nform and format prescribed by the department, with the first report due\nno later than April fifteenth, two thousand twenty-five; and\n (ii) post information, including the starting monthly service rate,\nrange for starting rent, approved admission or residency agreement, and\na consumer-friendly summary of all service fees, through a reporting\nsystem to be developed by the department, in consultation with industry\nand consumer representatives, that takes into account differences in\nlicensure and certification, services, agreements and fee structures\nacross facilities. Such information shall be posted in a conspicuous\nplace on the facility's website and in a public space within the\nfacility and shall be made available to the public on forms developed by\nthe department. Beginning on January first, two thousand twenty-five,\nthis information shall also be reported to the department.\n (b) The department shall develop a system to score the results of the\nassisted living quality reporting obtained pursuant to paragraph (a) of\nthis subdivision, in consultation with industry and consumer\nrepresentatives. Facilities scoring in the top quartile shall be granted\nthe classification of advanced standing on their annual surveillance\nschedules.\n Facilities may remain on advanced standing classification provided\nthey meet the scoring requirements in assisted living quality reporting\nand until such time when they do not meet such scoring requirements.\n (c) Effective April thirtieth, two thousand twenty-five, the\ndepartment shall post on its website the results of the assisted living\nquality reporting, collected pursuant to subparagraph (i) of paragraph\n(a) of this subdivision.\n (d) No later than December thirty-first, two thousand twenty-five, the\ndepartment shall report to the legislature on the development of a\nquality scoring system for adult care facilities, including adult homes\nand enriched housing providers. Such report shall examine the specific\nquality measures recommended and a process for information collection.\n 8. (a) Assisted living residences, as defined in subdivision one of\nsection forty-six hundred fifty-one of this article, including those\nlicensed and certified as an assisted living residence, special needs\nassisted living residence, or enhanced assisted living residence, may\nseek accreditation by agencies determined by the commissioner.\n (b) Such accreditation agencies shall report data and information, in\na manner and form as determined by the department, pertaining to those\nassisted living residences accredited by such agencies, and those\nassisted living residences which obtain but lose such accreditation.\n 9. The requirements of this article shall be in addition to those\nrequired of an adult care facility. In the event of a conflict between\nany provision of this article and a provision of article seven of the\nsocial services law or a regulation adopted thereunder, the applicable\nprovision of this article or the applicable regulation shall supersede\narticle seven of the social services law or the applicable regulation\nthereunder to the extent of such conflict.\n 10. The assisted living operator shall not use deceptive or coercive\nmarketing practices to encourage residents or potential residents to\nsign or reauthorize the residency agreement required pursuant to section\nfour thousand six hundred fifty-eight of this article.\n * NB There are 2 § 4656's\n