Current through Register Vol. 46, No. 12, March 20, 2024
(a) The
application must be complete and in proper form. It shall provide all the
information essential for the Life Care Community Council's
consideration.
(b) The council shall
not act upon an application for a certificate of authority unless all approvals
and consents required by law have been obtained including:
(1) approval by the Superintendent of Insurance
as to:
(i) the actuarial principles
involved;
(ii) the financial
feasibility of the facility;
(iii)
the form and content of the proposed life care contract between the community and
its residents;
(iv) the form and
content of any agreements between the community and licensed insurers requiring
the insurers to assume, wholly or in part, the cost of medical or health related
services to be provided pursuant to the life care contract; and
(v) the rates and rating system, if any,
including detailed formula or formulas to be applied by the operator in the
calculation of future entrance fees and monthly care fees;
(2) approval by the Commissioner of Social
Services of those components of the application pertaining to adult care facility
beds, if any;
(3) approval by the
Public Health Council as to the establishment of a nursing home or other
facilities and services which require the Public Health Council's approval e.g.,
diagnostic and treatment center, certified home health agency or licensed home
care services agency; and
(4)
approval by the commissioner as to the construction of a nursing home or other
facilities and services which require the commissioner's approval e.g.,
diagnostic and treatment center, certified home health agency or licensed home
care services agency.
(c)
The applicant must satisfactorily demonstrate to the council:
(1) that the proposed community will meet a
need and will fulfill the purposes of article 46 of the Public Health
Law;
(2) that the applicant has
satisfied all of the requirements of article 46 of the Public Health Law and this
Part;
(3) that the controlling person
of the applicant, the manager, the sole proprietor applicant, general partners of
a partnership applicant and the officers and the members of the board of
directors of a corporate applicant, management corporation or parent corporation
are of such character, experience, competence and standing in the community as to
give reasonable assurance of their ability to conduct the affairs of the
community in the best interests of the community and in the public interest and
to provide proper care for those to be served by the community;
(4) in the case of a public or government
agency, that the governing authority of the governmental subdivision applying to
operate the life care community has provided reasonable assurance of its ability
to conduct the affairs of the life care community in the best interests of the
community and in the public interest, and to provide proper care for those to be
served by the community; and
(5) that
the applicant has the capability to organize, market, manage, promote and operate
the community in a financially feasible and capable manner and its ability to
meet its obligations pursuant to article 46 of the Public Health Law;
and
(6) the applicant has
demonstrated that the combined total number of beds for the nursing facility
component and the adult care facility component, if any, is reasonably related to
the number of independent living units proposed for the community.
(d) In conducting a character and
competence review, the council shall, as applicable, evaluate any controlling
persons of the applicant, any sole proprietor applicant, any general partners of
a partnership application and any officers and members of the board of directors
of a corporate applicant, corporate general partner, parent corporation and in
the case of a governmental subdivision as the applicant, the governmental
subdivision and the governing body thereof as a whole rather than the individual
elected or appointed members thereof, by:
(1)
reviewing the findings of inspection reports, resident care reviews, complaint
investigations and any other pertinent information relating to the operation of
any life care, health care and/or adult care operation located in New York or
elsewhere with which the individual has been affiliated as a controlling person,
sole proprietor, general partner or governmental operator during the past 10
years;
(2) reviewing whether such
individual, partnership, corporation, other organization or governmental
subdivision exercised supervisory responsibility of the life care, health care
and/or adult care operation to assure a consistent pattern of compliance with
applicable standards and to prevent conditions which could result in harm to the
health, safety or welfare of the residents;
(3) determining that, if a violation of
applicable standards did occur, that the individual, partnership, corporation,
other organization or governmental subdivision implemented an acceptable plan of
correction;
(4) with respect to a
manager who will be responsible for the day-to-day operations of the proposed
community, the information required pursuant to this subdivision for any life
care, health care, and/or adult care operation for which the manager was
responsible under a management contract; and
(5) considering such other pertinent matters
relating to the character, competence and standing in the community of the
applicant.
(e) The
department may request any additional information required by the council or any
of the reviewing agencies. Such information shall be provided to the department
within 30 days of the request, unless an extension has been granted. Any request
for such extension of time shall set forth the reasons why such information could
not be obtained within the prescribed time. The granting of such extension of
time shall be at the discretion of the commissioner, provided such extensions are
not for more than 30 days and the commissioner is satisfied as to the reasons why
such information could be not obtained within the prescribed time. Failure to
provide such information within the time prescribed shall constitute an
abandonment and withdrawal of the application by the applicant. The commissioner
is authorized to deny a request for an extension of time.
(f) The applicant must also supply any
authorization the commissioner requests in order to verify any information
contained in the application or to obtain additional information which the
commissioner finds is pertinent to the application. Failure to provide such
authorization shall constitute an abandonment and withdrawal of the
application.
(g) The council shall
have 60 days from the date of the last approvals required under subdivision (b)
of this section to either approve or disapprove the application.