Section 901.9 - Other notice and submission requirements

901.9 Other notice and submission requirements. (a) Notice of changes in the following shall be submitted to the Commissioner as they occur unless already submitted to the Commissioner pursuant to section 901.8 of this Part:

(1) the life care contract;

(2) the initial disclosure statement;

(3) changes in the construction timetable which extend the completion date six months beyond the current approved completion date; and

(4) the entrance fee and monthly care fees.

(b) Changes to the life care contract which result in a change in the package of services provided under the contract shall require the prior approval of the Superintendent.

(c) Changes in the construction timetable that result in the extension of the completion date beyond one year of the current approved completion date shall require the approval of the Commissioner, with the advice and consent of the Superintendent and, if required, the advice and consent of the Attorney General.

(d) any substantive changes to the initial disclosure statement shall require the prior approval of the Commissioner.

(e) Any increase of the entrance fees or monthly care fees shall require the prior approval of the Superintendent except when such increase has been calculated within a previously approved rating system or does not exceed the current relevant cost index as promulgated by the New York State Department of Insurance pursuant to Section 901.5 of this Part. (f) Any physical restructuring of the community which results in an addition or loss in the number of independent living units, adult care facility units or residential health care facility beds previously approved under the community's Certificate of Authority shall require only the prior approval of the Commissioner, with the advice and consent of the Superintendent, and, if required, the advice and consent of the Attorney General; provided, however, that any change in the number of previously approved adult care facility units or residential health care facility beds must receive all required Department approvals prior to approval of the Commissioner. Establishment of a residential health care facility component and/or an adult care facility component, not previously approved under the community’s Certificate of Authority, shall require the prior approval of the Continuing Care Retirement Community Council.

Effective Date: 
Wednesday, April 29, 2009
Doc Status: 
Complete