New York Codes, Rules and Regulations
Title 10 - DEPARTMENT OF HEALTH
Chapter X - Assisted Living Residences
Part 1001 - Assisted Living Residences
Section 1001.15 - Inspection and enforcement
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Unless otherwise specified in this section, an operator of an assisted living residence shall be subject to the inspection and enforcement authority, standards and remedies of 18 NYCRR Part 486, and Social Services Law, sections 460-c, 460-d, 461-a and 461-f, both with respect to the operation of the residence in compliance with the provisions of Public Health Law, article 46-B and this Part, and the operation of an adult home or enriched housing program in compliance with the provisions of Social Services Law, article 7 and of 18 NYCRR sections 485, 486, 487, 488, 492 through 494.
(b) The commissioner is authorized to receive and investigate complaints regarding the condition, operation and quality of care of any entities holding themselves out as assisted living or advertising themselves by a similar term.
(c) The commissioner is authorized to make necessary investigations to procure information to implement the provisions of this Part.
(d) Inspection of unlicensed facilities.
(e) No civil penalty shall be assessed, and no operating certificate shall be revoked, suspended or limited, without opportunity for a hearing held in accordance with the procedures established in 18 NYCRR Part 493; provided, however, that an operating certificate may be temporarily suspended or limited without a hearing for a period not in excess of 60 days upon written notice to the facility that the department has found that the public health, or an individual's health, safety or welfare is in imminent danger. If the department schedules a hearing to begin during the suspension period, in a proceeding to suspend, revoke or limit the operating certificate, the temporary suspension will remain in effect until the hearing decision is issued.
(f) Schedule of penalties.