Title: Section 900.8 - Certificate of authority

Effective Date

07/27/1994

900.8 Certificate of authority. (a) The certificate of authority shall authorize an approved applicant:

(1) to operate a life care community and to enter into life care contracts pertaining to such community;

(2) to prepare and publicize information that details the terms of the life care contract relating to the approved community;

(3) to advertise the approved community and related services that will be provided; and

(4) to offer and execute contracts including the collection of application fees, entrance fees and deposits.

(b) Upon issuance of a certificate of authority, the commissioner, in consultation with the council, may authorize an operator to provide, for a period not to exceed seven years, nursing home services to persons, who are not residents of the community, provided, however, that the operator shall not discriminate in the admissions, retention or care of any such persons because such person is or will be eligible for or receives or will receive, medical assistance benefits pursuant to Title 11 of Article 5 of the Social Services Law. The operator may seek an extension of this authorization at the end of the seven year period upon written application to the commissioner.

(c) Upon issuance of a certificate of authority, the Commissioner of Social Services, in consultation with the council, may authorize an operator to provide for a period not to exceed seven years, adult care facility services to persons who are not residents of the community, provided, however that the operator shall not discriminate in the admission, retention or care of any such person because such person is or will be eligible for or receives or will receive, medical assistance benefits pursuant to Title II of Article 5 of the Social Services Law or supplemental security income benefits pursuant to Title 16 of the Federal Social Security Act and any additional state payments made under Title 6 of Article 5 of the Social Services Law. The operator may seek an extension of this authorization at the end of the seven year period upon written application to the Commissioner of Social Services.
 

Volume

VOLUME E (Title 10)

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