New York Public Health Code § 4653*2

Licensure procedures and requirements for assisted living
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* § 4653. Licensure procedures and requirements for assisted living.\n1.  In order to operate as assisted living, an operator shall be\nlicensed as an adult home or enriched housing program and apply and be\napproved for licensure with the commissioner pursuant to this article.\nThe operator shall provide, on an application form developed by the\ncommissioner, the following information to the commissioner in order to\nbe licensed:\n  (a) business name, street address, and mailing address of the\nresidence and of the owners of the residence;\n  (b) status of current operating certificate;\n  (c) verification that the operator has a valid residency agreement in\ncompliance with this article to be entered into with each resident,\nresident's representative and resident's legal representative, if any,\nand shall include a copy of the information to be included in the\nresidency agreement and disclosures as required pursuant to the\nprovisions of section four thousand six hundred fifty-eight of this\narticle, as added by chapter two of the laws of two thousand four, that\nwill be given to prospective residents; and\n  (d) any other information the department may deem necessary for the\nevaluation of the application provided such information is not\nduplicative of what is otherwise required of the applicant in obtaining\nan adult care facility license.\n  2. For existing licensed operators in good standing and their\naffiliates, the department shall develop a streamlined application\nreview and approval process, in collaboration with representatives of\nassociations of operators, to be available for use in relation to\napproval of an additional facility of the same type. Notwithstanding any\nprovision of law or regulation to the contrary, the streamlined\napplication review and approval process shall include, but not be\nlimited to, the following:\n  (a) a certification process and form for the operator or its affiliate\nto attest that it will have sufficient financial resources, revenue and\nfinancing to meet facility expenses and resident needs, which shall\nsatisfy the statutory and regulatory financial component of the\napplication review and approval process;\n  (b) a certification process and form for the operator or its affiliate\nto attest that its legal, corporate and organizational documents comply\nin substance with department requirements, which shall satisfy the\nstatutory and regulatory legal component of the application review and\napproval process;\n  (c) a certification process and form for the operator or its affiliate\nto attest that it is in substantial compliance with all applicable\ncodes, rules and regulations in any other state in which it operates,\nand to disclose any enforcement or administrative action taken against\nit in any other state;\n  (d) issuance by the department of a conditional approval to operate\nthe facility for a specified period of time upon substantial completion\nof the character and competence, legal, financial and architectural\ncomponents of the application, so long as the operator or its affiliate\nagrees in writing to satisfy all pending conditions prior to the\nexpiration of the conditional approval period or a time frame\nestablished by the department;\n  (e) issuance by the department of a conditional approval to construct\na facility, at the operator's or its affiliate's own risk, upon\nsubstantial completion of the architectural component of the\napplication;\n  (f) elimination of duplicative submission and review of any\napplication information which has been previously reviewed and approved\nby the department or any of its regional offices within the past two\nyears through a certification process and form whereby the operator or\nits affiliate will attest that such application information is\nduplicative;\n  (g) with respect to any programmatic application information to be\nreviewed by the regional office, such review shall be conducted on-site\nby the regional office duri

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