Sec. 1001.15. Inspection and enforcement

(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.

(1) For the purposes of assessing whether an unlicensed facility is an assisted living residence subject to the licensure and inspection of the department, the department may inspect any facility which reasonably appears to the department to be an assisted living residence. The needs of the residents, the care and services provided, the physical plant and the administration of the facility may be assessed in accordance with applicable statute and regulation.

(2) Upon arrival at the facility for purposes of conducting an inspection pursuant to this section, the department representative must give verbal notice to the operator, administrator or other person in charge that the inspection will be conducted unless such person objects to the inspection, and that if such person does object, the department is empowered to request the Attorney General to apply for a court order granting the department access to the facility.

(3) If access to the facility is denied to the department representatives by the operator, administrator or other person in charge, the department is authorized to request the Attorney General to apply, without notice to the operator or administrator, to the Supreme Court in the county in which the facility is located for an order granting the department access to such facility.

(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.

(1) Civil penalties for licensed assisted living residences. Civil penalties of up to $1,000 per day may be assessed against assisted living residences, except those operated by a social services district, for violation of these regulations or of an order pursuant to subdivision (8) of section 460-d of the Social Services Law.

(2) Civil penalties for unlicensed assisted living residences. Civil penalties of up to $1,000 per day may be assessed against any facility:

(i) which is an assisted living residence and which does not possess a valid operating certificate issued by the department;

(ii) which permits aging in place and which would require an enhanced assisted living certificate but which does not possess such certificate; or

(iii) which, whether or not it is serving residents, advertises or markets itself as serving individuals with special needs, but which does not possess a special needs assisted living certificate.