Section 4603-A. Residential health care demonstration facilities

1. The
  commissioner, upon approval of the life care community council  and  the
  public  health  council shall issue a certificate of incorporation of up
  to   three   residential   health   care    demonstration    facilities.
  Notwithstanding any provision of article twenty-eight of this chapter or
  any  other  provisions of law to the contrary, the public health council
  may approve without regard to the requirement  of  public  need  as  set
  forth in subdivision three of section twenty-eight hundred one-a of this
  chapter, a certificate of incorporation or application for establishment
  of such facilities.
    2.   Not   more  than  one  hundred  eighty  residential  health  care
  demonstration facility beds shall be authorized and established in  this
  state pursuant to this article.
    3.  In  determining an application filed under article twenty-eight of
  this chapter, the public health council shall  consider  the  number  of
  elderly  persons  residing  in  and  receiving services from each health
  systems agency established under the provisions of  subdivision  (c)  of
  section  twenty-nine  hundred  four  of  this  chapter  and  such  other
  information as the  public  health  council  may  require  to  determine
  whether  such  system will promote the health and welfare of the elderly
  persons to whom it proposes to provide services.
    4. An operating certificate issued pursuant to an application filed by
  a residential health care demonstration facility  shall  be  conditioned
  upon  an  agreement  by the operator of the facility to provide services
  only to persons who have been residents of the independent living  units
  or  adult  care  facility  within  the comprehensive system for at least
  thirty days prior to the admission of such  person  to  the  residential
  health  care  facility,  unless  the  commissioner  for good cause shown
  approves a waiver of such condition which may be effective  only  during
  the  first  twenty-four  months  after  the  issuance  of  the operating
  certificate.
    5. The provisions of this  article  shall  not  apply  to  residential
  health  care demonstration facilities, unless otherwise provided in this
  section or subdivision three of section forty-six hundred four  of  this
  article.
    6.  An application for approval pursuant to this section must be filed
  with the department  on  or  before  June  thirtieth,  nineteen  hundred
  ninety-two.
    7.  Notwithstanding any other provision of this article, a residential
  health care facility heretofore established as a residential health care
  demonstration facility may hereafter provide services  to  persons  who,
  for  at  least  thirty days prior to the admission of such person to the
  residential health care facility, have been residents of any independent
  living unit or  adult  care  facility  operated  by  any  not-for-profit
  corporation  affiliated  with  such residential health care facility and
  located within the same county, provided that  such  residential  health
  care  facility  becomes  duly  qualified  to provide services to persons
  eligible for medical assistance under title eleven of  article  five  of
  the  social  services  law,  and  further provided that such residential
  health care facility remains  an  integrated  part  of  a  comprehensive
  system  of  residential  and  support  services  for the elderly as such
  system is described in  this  section  and  in  subdivision  sixteen  of
  section forty-six hundred one of this article.