§ 461-b. Provisions related to establishment of adult care facilities.\n1. (a) Only a natural person or partnership composed only of natural\npersons, a not-for-profit corporation, a public corporation, a business\ncorporation other than a corporation whose shares are traded on a\nnational securities exchange or are regularly quoted on a national\nover-the-counter market or a subsidiary of such corporation or a\ncorporation any of the stock of which is owned by another corporation, a\nlimited liability company provided that if a limited liability company\nhas a member that is a corporation, a limited liability company or a\npartnership, the shareholders of the member corporation, the members of\nthe member limited liability company, or the partners of the member\npartnership must be natural persons, a social services district or other\ngovernmental agency may be issued an operating certificate by the\ndepartment for the purpose of operating an adult care facility, except\nfamily type homes for adults, which may be issued operating certificates\nby the department or social services district only if such facilities\nare operated by a natural person or persons. The holder of an operating\ncertificate for the purposes of operating an adult home shall not be\nissued an operating certificate for the purposes of operating an\nenriched housing program if such adult home operator has not met\ncompliance standards during the most recent inspection cycle. Provided\nhowever, the department may deem an operator eligible to receive an\noperating certificate for the purposes of operating an enriched housing\nprogram upon the consideration of the results of previous inspections\nand whether the operator is meeting the needs of the residents and is\nproviding quality care.\n (b) A natural person may seek certification as an operator of a\nfamily-type home for adults to provide long-term residential care and\npersonal care and/or supervision to persons related to the operator,\nprovided that the relationship between the operator and resident is not\nthat of spouse, in-law, child or step-child.\n (c) An appropriation made available for the purposes of funding the\noperating assistance sub-program for enriched housing up to the amount\nappropriated for such purpose in the nineteen hundred\nninety-six--ninety-seven state fiscal year shall be limited to any\nenriched housing program operated by a public agency, public corporation\nor a not-for-profit corporation, which may be issued an operating\ncertificate by the department to operate an enriched housing program.\n 2. (a) No adult care facility shall be operated unless and until the\noperator obtains the written approval of the department. Such approval\nmay be granted only to an operator who satisfactorily demonstrates: that\nthe operator is of good moral character; that the operator is\nfinancially responsible; that there is a public need for the facility;\nthat the buildings, equipment, staff, standards of care and records to\nbe employed in the operation comply with applicable law and regulations\nof the department and that any license or permit required by law for the\noperation of such facility has been issued to such operation. In\ndetermining whether there is a public need for the facility, the\ndepartment shall give consideration to the relative concentration of\nsuch facilities in the area proposed to be serviced. Such approval for\nfamily type home for adults shall not be granted unless the appropriate\nsocial services official has made the required visitation and inspection\nand has submitted a report thereof to the department in accordance with\nthis article.\n (b) 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. N
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.