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. 12, March 20, 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:
(d) A request from a proposed or existing not-for-profit corporation for approval of a certificate of incorporation or amendment thereto, for the purpose of soliciting funds on behalf of a separate entity that is an assisted living residence, enhanced assisted living residence or special needs assisted living residence, shall include those items listed in paragraphs (c)(1)-(3), and (8)-(10) of this section. In addition the requestor shall include a letter from the intended beneficiary acknowledging that it will accept funds raised by the requestor.
(e) A proposed or existing not-for-profit corporation which desires to file or amend a certificate of incorporation for the purpose of fundraising for the eventual establishment of an assisted living residence shall comply with the provisions of 18 NYCRR section 485.4 as well as the provisions set forth in this section.
(f)