N.Y. Public Health Law § 4603-a: Residential health care demonstration facilities

§ 4603-a. Residential health care demonstration facilities. 1. The

commissioner, upon approval of the continuing care retirement community

council and the public health council shall issue a certificate of

incorporation of up to three residential health care demonstration

facilities. Notwithstanding any provision of article twenty-eight of

this chapter or any other provisions of law to the contrary, the public

health council may approve without regard to the requirement of public

need as set forth in subdivision three of section twenty-eight hundred

one-a of this chapter, a certificate of incorporation or application for

establishment of such facilities.

2. Not more than one hundred eighty residential health care

demonstration facility beds shall be authorized and established in this

state pursuant to this article.

3. In determining an application filed under article twenty-eight of

this chapter, the public health council shall consider the number of

elderly persons residing in and receiving services from each health

systems agency established under the provisions of subdivision (c) of

section twenty-nine hundred four of this chapter and such other

information as the public health council may require to determine

whether such system will promote the health and welfare of the elderly

persons to whom it proposes to provide services.

4. An operating certificate issued pursuant to an application filed by

a residential health care demonstration facility shall be conditioned

upon an agreement by the operator of the facility to provide services

only to persons who have been residents of the independent living units

or adult care facility within the comprehensive system for at least

thirty days prior to the admission of such person to the residential

health care facility, unless the commissioner for good cause shown

approves a waiver of such condition which may be effective only during

the first twenty-four months after the issuance of the operating

certificate.

5. The provisions of this article shall not apply to residential

health care demonstration facilities, unless otherwise provided in this

section or subdivision three of section forty-six hundred four of this

article.

6. An application for approval pursuant to this section must be filed

with the department on or before June thirtieth, nineteen hundred

ninety-two.

7. Notwithstanding any other provision of this article, a residential

health care facility heretofore established as a residential health care

demonstration facility may hereafter provide services to persons who,

for at least thirty days prior to the admission of such person to the

residential health care facility, have been residents of any independent

living unit or adult care facility operated by any not-for-profit

corporation affiliated with such residential health care facility and

located within the same county, provided that such residential health

care facility becomes duly qualified to provide services to persons

eligible for medical assistance under title eleven of article five of

the social services law, and further provided that such residential

health care facility remains an integrated part of a comprehensive

system of residential and support services for the elderly as such

system is described in this section and in subdivision sixteen of

section forty-six hundred one of this article.