§ 1119. Limited exemption for continuing care retirement communities.\n(a) An organization complying with the provisions of article forty-six\nof the public health law may operate without being licensed under this\nchapter and without being subject to any provisions of this chapter,\nexcept to the extent that such organization must comply with the\nprovisions of this chapter by virtue of such article, and such\norganization must comply with rules and regulations of the\nsuperintendent relating to:\n (1) financial feasibility of the continuing care retirement community,\n (2) actuarial principles established relating to such communities,\n (3) approval of continuing care retirement contracts and the rates and\nrating system, if any, for such contracts.\n (b) The superintendent may promulgate regulations in effectuating the\npurposes and the provisions of this chapter and article forty-six of the\npublic health law, which may include requirements applicable to the\ncontracts between a continuing care retirement community and its\nresidents.\n (c) Such organization shall be subject to the provisions of article\nseventy-four of this chapter. Prior to commencing action under such\narticle seventy-four, the superintendent shall consult with the\ncontinuing care retirement community council established pursuant to\nsection forty-six hundred two of the public health law.\n
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