HLT-39-08-00007-P Notification and Submission Requirements for Continuing Care Retirement Communities

9/24/08 N.Y. St. Reg. HLT-39-08-00007-P

NEW YORK STATE REGISTER

VOLUME XXX, ISSUE 39

September 24, 2008

RULE MAKING ACTIVITIES

DEPARTMENT OF HEALTH

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. HLT-39-08-00007-P

Notification and Submission Requirements for Continuing Care Retirement Communities

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed Action:

This is a consensus rule making to amend section 901.9 of Title 10 NYCRR.

Statutory authority:

Public Health Law, sections 4602(2)(g) and 4603(8)

Subject:

Notification and 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 proposed rule:

Pursuant to the authority vested in the Continuing Care Retirement Community Council and the Commissioner of Health by sections 4602(2)(g) and 4603(8) of the Public Health Law, subdivision (c) of section 901.9 of Title 10 of the Official Compilation of Codes, Rules and Regulations of the State of New York is hereby amended, to be effective upon publication of a Notice of Adoption in the New York State Register to read as follows:

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;

Text of proposed 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, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Same as above.

Public comment will be received until:

45 days after publication of this notice.

This action was not under consideration at the time this agency's regulatory agenda was submitted.

Consensus Rule Making Determination

Statutory Authority:

Article 46 of the Public Health Law (“PHL”) provides statutory authority for the establishment and operation of continuing care retirement communities (“CCRCs”) in New York State. This proposal is authorized pursuant to PHL Sections 4602(2)(g) and 4603(8). Section 4602(2)(g) authorizes the Continuing Care Retirement Community Council (“Council”) to adopt rules and regulations and amendments thereto to effectuate the provisions of Article 46. PHL Section 4603(8) authorizes the Commissioner to promulgate rules and regulations and amendments thereto that have been adopted by the Council to effectuate the provisions of Article 46.

Basis:

The proposed rule amends the approval process pertaining to certain requests by CCRCs for an extension of a community’s construction completion date subsequent to approval of its Certificate of Authority application by the Council. Presently, requests for changes in the construction timetable that extend the completion date beyond one year of the current approved completion date are reviewed and approved by state agency staff (including staff of the Department of Health, the State Insurance Department and, if required, the Office of the Attorney General) and then presented to the Council for an additional approval. This twofold approval process has been problematic for communities working within strict financing deadlines. Consequently, the Council has determined that state agency review and approval are sufficient for these requests and an additional Council approval is unnecessary in those instances when a community is proposing an extension of the construction completion date beyond one year of the completion date previously approved under the Certificate of Authority. Such requests for an extended construction completion date will continue to be reviewed by appropriate state agency staff. Approval of such requests will be vested in the Commissioner, with the advice and consent of the Superintendent and, if required, the advice and consent of the Attorney General.

This rule is being proposed as a consensus rule as the Department does not expect to receive any comments in opposition to the proposed revision following its publication in the State Register. The proposed rule will provide a more streamlined approval process for requests made by CCRCs for certain extensions to an approved construction completion date. CCRC sponsors and developers which submit such requests and CCRC provider organizations support the proposed rule since the proposed communities will benefit from the expedited review and approval process. The Continuing Care Retirement Community Council discussed the proposed amendment at the June 4, 2008 Council meeting. The amendment has Council support and the Council has recommended the change.

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.