2860 - Rental rates and selection of occupants.

§  2860.  Rental rates and selection of occupants. 1. A company shall,  with the approval of the commissioner, fix maximum rates to  be  charged  occupants  of  each nursing home project for the facilities and services  provided by the company to such occupants and the maximum  rates  to  be  charged  to  persons  of low income who are not occupants of the project  for the nursing care and health-related  service,  or  either  of  them,  provided  by  the company to such persons, the average of such rates for  any one project not to exceed the maximum average  rates  determined  by  the  commissioner before any commitments are made by the company for the  construction of the project. The commissioner upon his  own  motion,  or  upon  application  by  the  company or lienholder may vary the amount of  such charge from time to time so as to secure, together with  all  other  income  of  the  company,  sufficient  income to meet, within reasonable  limits, all necessary payments by the  said  company  of  all  expenses,  including fixed charges, sinking funds and reserves.    2.  The  facilities  and services provided by the company to occupants  shall be available for persons of low income, whose  probable  aggregate  annual  income  at  the  time  of  admission  and  during  the period of  occupancy does not exceed two times the annual charges  to  be  paid  by  such  persons.  Nursing  care  and  health-related service, or either of  them, shall be available to persons of low income who are not  occupants  of  the  project  whose probable annual income does not exceed two times  the average  annual  charge  made  to  occupants  of  the  project.  The  commissioner  may  make rules and regulations relating to the allocation  of the income of a family among the members thereof for the  purpose  of  determining the income attributable to any one person for the purpose of  this subdivision.