NY Pub Health L § 4603-A (2021)
2021 New York Laws PBH - Public Health 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.