* § 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 l
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