New York Codes, Rules and Regulations
Title 10 - DEPARTMENT OF HEALTH
Chapter VII - Life Care Communities
Part 901 - Organization And Administration
Section 901.6 - Advertisements
Current through Register Vol. 46, No. 12, March 20, 2024
(a) For purposes of this section, advertisements shall mean any financial statement, pamphlet, circular, form letter, or other sales literature or advertising communication intended for or directed to prospective residents of the community or the general public.
(b) The applicant or any employee, agent or representative of the applicant shall not publish or cause to be published, circulated or disseminated any advertisement prior to the issuance of a certificate of authority.
(c) No advertisement shall contain statements or illustrations that are untrue, deceptive, misleading or omit material facts.
(d) Advertisements that refer to a specific entrance fee shall state the full entrance fee as well as any periodic charges, assessments or costs to the purchaser.
(e) Advertisements shall not refer to any community that is not in operation unless that fact is prominently stated in the advertisement and the proposed date of completion is contained therein.
(f) Advertisements shall not state that items or services are free when the cost of such items or services is included in the monthly care fee.
(g) Advertisements shall not contain photographs, sketches or artist's conceptions of proposed facilities unless that fact is prominently noted directly on or adjacent to the photographs, sketches or artist's conceptions.
(h) Advertisements shall not refer in wording, photograph, sketch or artist's conception to any recreational, medical, social, shopping or other facility that is not located within the life care community unless so stated and the approximate distance from the community is set forth.
(i) Advertisements shall not refer to an imminent price increase unless the amount and date of the increase is indicated.
(j) Advertisements that require attendance or submission to a sales promotion shall clearly state such requirements.
(k) Any model unit that is used as part of a promotional plan shall be in substantial conformance with the units that are subsequently constructed unless otherwise stated in the contract.
