2013 New York Consolidated Laws
PBH - Public Health
Article 46 - (4600 - 4624) CONTINUING CARE RETIREMENT COMMUNITIES
4624 - Continuing care retirement communities making assurances regarding long term care.

 
    §  4624.  Continuing  care  retirement  communities  making assurances
  regarding long term care.  1. Nothing in this article shall  obligate  a
  continuing  care  retirement  community  to  offer  life care contracts;
  provided, however, that  only  continuing  care  retirement  communities
  which  offer  life  care contracts or which comply with the requirements
  set forth in subdivision two of this section shall be eligible  for  the
  following:
    a.  An  exemption  from  a public need determination and establishment
  approval regarding an on-site  or  affiliated  residential  health  care
  facility  in  accordance  with  subdivision  five  of  section forty-six
  hundred four of this article; and
    b. Industrial development agency financing in accordance with  section
  forty-six hundred four-a of this article; or
    c.  Financing  by  any  public  benefit corporation authorized to make
  loans to continuing care retirement communities under the laws  of  this
  state.
    2.  A  continuing  care  retirement community not exclusively offering
  life care contracts but desiring eligibility for  an  exemption  from  a
  public   need   determination  and  establishment  approval  and/or  for
  industrial development agency  financing  or  financing  by  any  public
  benefit   corporation  authorized  to  make  loans  to  continuing  care
  retirement communities under the laws of this state must assure that all
  residents and  prospective  residents  have  the  ability  to  fund  the
  estimated  cost  of  nursing facility services for a period of one year.
  Such assurances may be demonstrated through the terms of the  continuing
  care   contract,  resident  assets,  resident  income,  long  term  care
  insurance or refund of all, or a portion of, the entrance fee and  shall
  be  in accordance with regulations adopted by the council. The community
  must  pay  for  such  care  in  the  event  that  resident  assets   are
  insufficient  to  fund  the cost of nursing facility care for a one year
  period.