New York Laws
Article 46 - Continuing Care Retirement Communities
4603-A - Residential Health Care Demonstration Facilities.

§ 4603-a. Residential health care demonstration facilities. 1. The
commissioner, upon approval of the continuing care retirement community
council and the public health council shall issue a certificate of
incorporation of up to three residential health care demonstration
facilities. Notwithstanding any provision of article twenty-eight of
this chapter or any other provisions of law to the contrary, the public
health council may approve without regard to the requirement of public
need as set forth in subdivision three of section twenty-eight hundred
one-a of this chapter, a certificate of incorporation or application for
establishment of such facilities.

2. Not more than one hundred eighty residential health care
demonstration facility beds shall be authorized and established in this
state pursuant to this article.

3. In determining an application filed under article twenty-eight of
this chapter, the public health council shall consider the number of
elderly persons residing in and receiving services from each health
systems agency established under the provisions of subdivision (c) of
section twenty-nine hundred four of this chapter and such other
information as the public health council may require to determine
whether such system will promote the health and welfare of the elderly
persons to whom it proposes to provide services.

4. An operating certificate issued pursuant to an application filed by
a residential health care demonstration facility shall be conditioned
upon an agreement by the operator of the facility to provide services
only to persons who have been residents of the independent living units
or adult care facility within the comprehensive system for at least
thirty days prior to the admission of such person to the residential
health care facility, unless the commissioner for good cause shown
approves a waiver of such condition which may be effective only during
the first twenty-four months after the issuance of the operating
certificate.

5. The provisions of this article shall not apply to residential
health care demonstration facilities, unless otherwise provided in this
section or subdivision three of section forty-six hundred four of this
article.

6. An application for approval pursuant to this section must be filed
with the department on or before June thirtieth, nineteen hundred
ninety-two.

7. Notwithstanding any other provision of this article, a residential
health care facility heretofore established as a residential health care
demonstration facility may hereafter provide services to persons who,
for at least thirty days prior to the admission of such person to the
residential health care facility, have been residents of any independent
living unit or adult care facility operated by any not-for-profit
corporation affiliated with such residential health care facility and
located within the same county, provided that such residential health
care facility becomes duly qualified to provide services to persons
eligible for medical assistance under title eleven of article five of
the social services law, and further provided that such residential
health care facility remains an integrated part of a comprehensive
system of residential and support services for the elderly as such
system is described in this section and in subdivision sixteen of
section forty-six hundred one of this article.