New York Codes, Rules and Regulations
Title 10 - DEPARTMENT OF HEALTH
Chapter VII - Life Care Communities
Part 900 - Certificate Of Authority
Section 900.2 - Applicability of other laws and regulations
Universal Citation: 10 NY Comp Codes Rules and Regs ยง 900.2
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Except as otherwise indicated in this section, the activities of life care communities shall be subject to any other laws governing such activities including, but not limited to, articles 28 and 36 of the Public Health Law and article 7 of the Social Services Law and regulations promulgated thereunder.
(b) In applying the provisions of section 2801-a of the Public Health Law to life care communities:
(1) the first 1,000 nursing
home beds proposed as components of communities shall be exempt from the
consideration of public need pursuant to section
2801-a(3) of the Public
Health Law and Part 670 of this Title;
(2) the prohibition against establishment of a
residential health care facility to be operated by a limited partnership, or by a
partnership any of the members of which are not natural persons, pursuant to
section 2801-a(4)(d), shall not apply;
(3) the prohibition against establishment of a
residential health care facility to be operated by a corporation any of the stock
of which is owned by another corporation pursuant to section 2801-a(4)(e), shall
not apply;
(4) the prohibition
against contracting for management services with a party which has not received
establishment approval pursuant to section
600.9(d)
of this Title shall not apply;
(5)
the requirements for establishment of business corporations pursuant to section
620.1
of this Title except as specifically noted herein shall be superseded by those of
this Part;
(6) the requirements
regarding the transfer, assignment or other disposition of 10 percent or more of
the stock or voting rights pursuant to section
2801-a(4)(c) of the Public
Health Law and section
620.3 of this
Title shall not apply to the community as a whole (to which the provisions of
this Part regarding controlling persons apply), but shall apply to any nursing
home component which is to be operated by the life care community operator;
and
(7) the requirements regarding
the review of the character, competence and standing in the community of any
principal stockholders pursuant to section
2801-a(3) of the Public
Health Law and section
600.2 of
this Title shall not apply to the community as a whole (to which the provisions
of this Part regarding controlling persons apply), but shall apply to any nursing
home component to be operated by the life care community operator.
(c) In applying the provisions of article 36 of the Public Health Law to life care communities:
(1) any certified home health agency
established as part of a life care community shall not be exempt from the
determination of public need pursuant to section
3606(2) of the Public Health
Law and section
760.3 of
this Title;
(2) the requirements
regarding the review of the character, competence and standing in the community
of any principal stockholders pursuant to sections
3605(4) and
3606(2) of the Public Health
Law and sections
760.2,
765-1.2
and
765-1.3
of this Title shall not apply to the community as a whole (to which the
provisions of this Part regarding controlling persons apply), but shall apply to
any home care services agency, subject to article 36 of the Public Health Law,
which is to be operated by the life care community operator; and
(3) the requirements regarding the transfer,
assignment or other disposition of 10 percent or more of the stock or voting
rights pursuant to section
3611-a(2) of the Public
Health Law and sections
760.14 and
765-1.13 of this
Title shall not apply to the community as a whole (to which the provisions of
this Part regarding controlling persons apply), but shall apply to any home care
services agency, subject to article 36 of the Public Health Law, which is to be
operated by the life care community operator.
(d) In applying the provisions of article 7 of the Social Services Law to life care communities:
(1) any adult care facility beds established as
part of a life care community shall not be exempt from the determination of
public need pursuant to 18 NYCRR, section 485.6;
(2) the prohibition against establishment by
certain non-natural persons and business corporations pursuant to section
461-b(1)(a) of the Social
Services Law and Title 18 NYCRR, section 485.5 shall not apply; and
(3) the requirements regarding the review of
character, competence and standing in the community of any principal stockholders
pursuant to 18 NYCRR, section 485.6 shall not apply to the community as a whole
but shall apply to any adult home component established as part of a life care
community.
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