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Title: Section 494.1 - Applicability.

Section 494.1 Applicability. (a) This Part applies to assisted living programs as defined herein.

(b) Unless expressly provided otherwise in this Part, an assisted living program is subject to any other Federal, State and local laws, rules or regulations governing adult care facilities, long-term home health care programs, certified home health agencies, licensed home care agencies or personal care services.

(c) Notwithstanding the applicability of the requirements in Parts 485, 486, 487 and 488 of this Title, for the purposes of the assisted living program, the requirements of this Part supersede any conflicting or contradictory rule or regulation governing adult care facilities.

(d) The department and the Department of Health will periodically review the respective requirements of each agency for recordkeeping and reporting applicable to the operation of an assisted living program and will make coordinated efforts to eliminate or minimize inconsistent or duplicative requirements.

(e) This Part will not apply 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 assisted living programs which are approved and certified by the department.

(f) Any person, partnership, corporation, organization, agency, government unit or other entity which operates an assisted living program is subject to the jurisdiction of the department, and must comply with this Part or cease operating such program.



VOLUME B-1 (Title 18)