Title: Section 485.1 - Applicability

Effective Date

10/23/2002

Section 485.1 Applicability. (a) This Part shall apply, except as may be otherwise limited, to adult-care facilities as defined herein. If any provision of this Part or of Parts 486, 487, 488, 490, 492, 493 or 494 of this Title or any portion thereof is held invalid, the remaining sections shall not be affected by such holding and shall remain in full force and effect.

(b) This Part shall not apply to State institutions for the education and support of the blind, the deaf and the dumb, facilities subject to the approval, visitation and inspection of the State Department of Mental Hygiene or the State Commission of Correction, facilities operated by or under the supervision of the Division for Youth or facilities subject to the supervision of the Department of Health pursuant to article 28 of the Public Health Law, nor to any housing projects established pursuant to the Private Housing Finance Law, the Public Housing Law, the former Membership Corporations Law or the Not-for-Profit Corporation Law, except for those distinct programs operated by such projects which provide supervision or personal care and which are approved or certified by the department.

(c) Any person, partnership, corporation, organization, agency, governmental unit or other entity which operates an adult-care facility is subject to the jurisdiction of the department and must comply with these regulations or cease operation.

(d) Any action to establish, operate, expand or modify an adult-care facility shall be subject to the approval of the department. No adultcare facility shall be operated unless and until the operator obtains the certification of the department.

Volume

VOLUME B-1 (Title 18)

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