§ 4603-A — Residential health care demonstration facilities

§ 4603-a. Residential health care demonstration facilities. 1. The\ncommissioner, upon approval of the continuing care retirement community\ncouncil and the public health council shall issue a certificate of\nincorporation of up to three residential health care demonstration\nfacilities. Notwithstanding any provision of article twenty-eight of\nthis chapter or any other provisions of law to the contrary, the public\nhealth council may approve without regard to the requirement of public\nneed as set forth in subdivision three of section twenty-eight hundred\none-a of this chapter, a certificate of incorporation or application for\nestablishment of such facilities.\n 2. Not more than one hundred eighty residential health care\ndemonstration facility beds shall be authorized and established in this\nstate pursuant to this article.\n 3. In determining an application filed under article twenty-eight of\nthis chapter, the public health council shall consider the number of\nelderly persons residing in and receiving services from each health\nsystems agency established under the provisions of subdivision (c) of\nsection twenty-nine hundred four of this chapter and such other\ninformation as the public health council may require to determine\nwhether such system will promote the health and welfare of the elderly\npersons to whom it proposes to provide services.\n 4. An operating certificate issued pursuant to an application filed by\na residential health care demonstration facility shall be conditioned\nupon an agreement by the operator of the facility to provide services\nonly to persons who have been residents of the independent living units\nor adult care facility within the comprehensive system for at least\nthirty days prior to the admission of such person to the residential\nhealth care facility, unless the commissioner for good cause shown\napproves a waiver of such condition which may be effective only during\nthe first twenty-four months after the issuance of the operating\ncertificate.\n 5. The provisions of this article shall not apply to residential\nhealth care demonstration facilities, unless otherwise provided in this\nsection or subdivision three of section forty-six hundred four of this\narticle.\n 6. An application for approval pursuant to this section must be filed\nwith the department on or before June thirtieth, nineteen hundred\nninety-two.\n 7. Notwithstanding any other provision of this article, a residential\nhealth care facility heretofore established as a residential health care\ndemonstration facility may hereafter provide services to persons who,\nfor at least thirty days prior to the admission of such person to the\nresidential health care facility, have been residents of any independent\nliving unit or adult care facility operated by any not-for-profit\ncorporation affiliated with such residential health care facility and\nlocated within the same county, provided that such residential health\ncare facility becomes duly qualified to provide services to persons\neligible for medical assistance under title eleven of article five of\nthe social services law, and further provided that such residential\nhealth care facility remains an integrated part of a comprehensive\nsystem of residential and support services for the elderly as such\nsystem is described in this section and in subdivision sixteen of\nsection forty-six hundred one of this article.\n