Section 900.2 - Applicability of other laws and regulations

900.2 Applicability of other laws and regulations. (a) Except as otherwise indicated in this section, the activities of life care communities shall be subject to any other laws governing such activities including, but not limited to, Articles 28 and 36 of the Public Health Law and Article 7 of the Social Services Law and regulations promulgated thereunder.

(b) In applying the provisions of section 2801-a of the Public Health Law to life care communities:

(1) the first one thousand nursing home beds proposed as components of communities shall be exempt from the consideration of public need pursuant to section 2801-a(3) and Part 670 of Chapter V, Title 10 (Health) of the Official Compilation of Codes, Rules and Regulations of the State of New York;

(2) the prohibition against establishment of a residential health care facility to be operated by a limited partnership, or by a partnership any of the members of which are not natural persons, pursuant to section 2801-a(4)(d), shall not apply;

(3) the prohibition against establishment of a residential health care facility to be operated by a corporation any of the stock of which is owned by another corporation pursuant to section 2801-a(4)(e), shall not apply;

(4) the prohibition against contracting for management services with a party which has not received establishment approval pursuant to Section 600.9(d) of Chapter V, Title 10 (Health) of the Official Compilation of Codes, Rules and Regulations of the State of New York, shall not apply;

(5) the requirements for establishment of business corporations pursuant to section 620.1 of Chapter V, Title 10 (Health) of the Official Compilation of Codes, Rules and Regulations of the State of New York except as specifically noted herein shall be superseded by those of this Part;

(6) the requirements regarding the transfer, assignment or other disposition of ten percent or more of the stock or voting rights pursuant to section 2801-a(4)(c) and section 620.3 of Chapter V, Title 10 (Health) of the Official Compilation of Codes, Rules and Regulations of the State of New York shall not apply to the community as a whole (to which the provisions of this Part regarding controlling persons apply), but shall apply to any nursing home component which is to be operated by the life care community operator; and

(7) the requirements regarding the review of the character, competence and standing in the community of any principal stockholders pursuant to section 2801-a(3) and section 600.2 of Chapter V, Title 10 (Health) of the Official Compilation of Codes, Rules and Regulations of the State of New York shall not apply to the community as a whole (to which the provisions of this Part regarding controlling persons apply), but shall apply to any nursing home component to be operated by the life care community operator.

(c) In applying the provisions of Article 36 of the Public Health Law to life care communities:

(1) any certified home health agency established as part of a life care community shall not be exempt from the determination of public need pursuant to section 3606(2) and section 760.3 of Chapter V, Title 10 (Health) of the Official Compilation of Codes, Rules and Regulations of the State of New York;

(2) the requirements regarding the review of the character, competence and standing in the community of any principal stockholders pursuant to sections 3605(4) and 3606(2) of the Public Health Law and sections 760.2, 765-1.2 and 765-1.3 of Chapter V, Title 10 (Health) of the Official Compilation of Codes, Rules and Regulations of the State of New York shall not apply to the community as a whole (to which the provisions of this Part regarding controlling persons apply), but shall apply to any home care services agency,subject to Article 36 of the Public Health Law, which is to be operated by the life care community operator; and

(3) the requirements regarding the transfer, assignment or other disposition of ten percent or more of the stock or voting rights pursuant to section 3611-a(2) of the Public Health Law and sections 760.14 and 765-1.13 of Chapter V, Title 10 (Health) of the Official Compilation of Codes, Rules and Regulations of the State of New York shall not apply to the community as a whole (to which the provisions of this Part regarding controlling persons apply), but shall apply to any home care services agency, subject to Article 36 of the Public Health Law, which is to be operated by the life care community operator.

(d) In applying the provisions of Article 7 of the Social Services Law to life care communities:

(1) any adult care facility beds established as part of a life care community shall not be exempt from the determination of public need pursuant to section 485.6 of Chapter II, Title 18 (Social Services) of the Official Compilation of Codes, Rules and Regulations of the State of New York; (2) the prohibition against establishment by certain non-natural persons and business corporations pursuant to section 461-b(1)(a) of the Social Services Law and section 485.5 of Chapter II, Title 18 (Social Services) of the Official Compilation of Codes, Rules and Regulations of the State of New York shall not apply; and

(3) the requirements regarding the review of character, competence and standing the community of any principal stockholders pursuant to section 485.6 of Chapter II, Title 18 of the Official Compilation of Codes, Rules and Regulations of the State of New York shall not apply to the community as a whole but shall apply to any adult home component established as part of a life care community.
 

Effective Date: 
Wednesday, July 27, 1994
Doc Status: 
Complete