N.Y. PBH Law § 4605-B

§ 4605-b. Certificate of authority; limitation on continuing care at\nhome contracts. The number of continuing care at home contracts approved\non a certificate of authority shall be limited to:\n 1. The number of approved living units on the continuing care\nretirement community's premises that are intended for ILU residents,\nexcept that the commissioner may approve additional contracts upon a\nsubmission by an operator consistent with the provisions set forth in\nsection forty-six hundred five-a of this article;\n 2. The demonstrated number of continuing care at home contract holders\nthat can be supported in the existing or approved future capacity of the\nadult care facility and skilled nursing facility consistent with the\nprovisions set forth in section forty-six hundred five-a of this\narticle; and\n 3. Conditions set forth by the New York state department of financial\nservices, based upon the superintendent's assessment of the following:\n (a) the overall financial impact on the community; and\n (b) the submitted materials set forth in section forty-six hundred\nfive-a of this article.\n