§ 4605-b. Certificate of authority; limitation on continuing care at home contracts. The number of continuing care at home contracts approved on a certificate of authority shall be limited to: 1. The number of approved living units on the continuing care retirement community's premises that are intended for ILU residents, except that the council may approve additional contracts upon a submission to the commissioner by an operator consistent with the provisions set forth in section forty-six hundred five-a of this article; 2. The demonstrated number of continuing care at home contract holders that can be supported in the existing or approved future capacity of the adult care facility and skilled nursing facility consistent with the provisions set forth in section forty-six hundred five-a of this article; and 3. Conditions set forth by the New York state department of financial services, based upon the superintendent's assessment of the following:

(a) the overall financial impact on the community; and

(b) the submitted materials set forth in section forty-six hundred five-a of this article.