4/29/09 N.Y. St. Reg. HLT-39-08-00007-A
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of section 901.9 of Title 10 NYCRR.
Statutory authority:
Public Health Law, sections 4602(2)(g) and 4603(8)
Subject:
Notification & Submission Requirements for Continuing Care Retirement Communities.
Purpose:
Revises necessary approvals required for a continuing care retirement community's extended construction completion date.
Text of final rule:
Subdivision (c) of Section 901.9 is amended to read as follows:
(c) Changes in the construction timetable that result in the extension of the completion date beyond one year of the current approved completion date shall require the approval of the [Life Care Community Council] Commissioner, with the advice and consent of the Superintendent and, if required, the advice and consent of the Attorney General.
Final rule as compared with last published rule:
Nonsubstantive changes were made in section 901.9(c).
Text of rule and any required statements and analyses may be obtained from:
Katherine Ceroalo, DOH, Bureau of House Counsel, Regulatory Affairs Unit, Room 2438, ESP, Tower Building, Albany, NY 12237, (518) 473-7488, email:
regsqna@health.state.ny.usRevised Job Impact Statement
A Job Impact Statement is not required pursuant to section 201-a(2)(a) of the State Administrative Procedure Act, since it is apparent from the nature and purpose of the rule that it will not have a substantial adverse impact on jobs and employment opportunities. The effect of the proposed rule will be to establish a more efficient approval process when a continuing care retirement community requests approval of an extension of a construction completion date beyond one year of the date previously approved under its Certificate of Authority.
Assessment of Public Comment
The agency received no public comment.
