New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter X - Assisted Living Residences › Part 1001 - Assisted Living Residences › Section 1001.3 - Certificates of incorporation; articles of organization

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any proposed or existing not-for-profit
				corporation or business corporation desiring to file or amend a certificate of
				incorporation, and any proposed or existing limited liability company desiring
				to file or amend articles of organization for the purpose of establishing and
				operating an assisted living residence, enhanced assisted living residence or
				special needs assisted living residence shall, prior to filing with the
				Secretary of State, secure the written approval of the commissioner. A request
				for such approval shall be submitted to the department in accordance with the
				application procedures set forth in this Part.
(b) In no event shall any existing
				corporation or other entity hold itself out as being authorized to establish or
				operate, or to raise funds for the establishment or operation of, an assisted
				living residence, enhanced assisted living residence or special needs assisted
				living residence without having secured the prior written approval of the
				department.
(c) A request for
				approval of a certificate of incorporation or amendment thereto for the purpose
				of soliciting funds for the eventual establishment and operation of an assisted
				living residence, enhanced assisted living residence or special needs assisted
				living residence shall contain such information as may be required to determine
				that the corporation has the competency to develop and operate a residence in
				compliance with applicable law and regulations, and would be successful in
				raising funds necessary to establish the proposed residence within a period of
				not more than five years from the date of the department's approval. Such a
				request shall include:
(1) the certificate of
				incorporation and amendments thereto;
(2) a description of the governing structure
				of the proposed organization, including any governing board and advisory
				committees;
(3) an applicant
				profile for each member of the board of directors and the executive director or
				chief administrative officer, if any;
(4) a description of the type of residence,
				the anticipated location, capacity, population and services;
(5) statements of support from local
				governing bodies, elected officials, community service organizations and others
				potentially affected by the establishment of the proposed residence;
(6) statement of assets and liabilities,
				sources and amounts of working capital, loan commitments (including purpose,
				source, type and amount), anticipated revenues and expenses for the initial and
				second year;
(7) evidence that
				actual or potential financial resources for the establishment and operation
				exist and can be reasonably expected to be successfully raised within a period
				of not more than five years from the date of the department's
				approval;
(8) names and locations
				of each and every facility licensed by the department, the Department of Mental
				Hygiene pursuant to articles 19, 23 and 31 of the Mental Hygiene Law, the
				Office of Children and Family Services, and the Office of Temporary and
				Disability Assistance, with which the applicant(s) is, or has been within the
				past 10 years an administrator, employee, incorporator, director, member,
				operator, sponsor, principal stockholder or owner;
(9) signed authorization allowing the
				commissioner or designees or agents to undertake such investigations as may be
				necessary to ascertain the validity of statements represented to the department
				or to ascertain from independent sources the character, competence and standing
				in the community of the applicant; and
(10) a certified corporation resolution of
				the board of directors authorizing the request, signed by an appropriately
				designated individual.