Page:United States Statutes at Large Volume 106 Part 5.djvu/147

 PUBLIC LAW 102-550—OCT. 28, 1992 106 STAT. 3785 residents home health care services, such as nursing and therapy; and "(C) provides separate dwelling units for residents, each of which may contain a full kitchen and bathroom, and which includes common rooms and other facilities appropriate for the provision of supportive services to the residents of the facility; and "(7) the term 'frail elderly person' has the meaning given the term in section 802(k) of the Cranston-Gonzalez National Affordable Housing Act. ". (c) MORTGAGE REQUIRISMENTS. —Section 232(d) of the National Housing Act (12 U.S.C. 1715w(d)) is amended— (1) in the matter preceding paragraph (1)— (A) by inserting ", assisted living facility," before **or intermediate care facility"; (B) by striking "combined niu>sing home and intermediate care facility" and inserting "any combination of nursing home, assisted living facility, and intermediate care facility"; and (C) by inserting after "intermediate care facility^ the first place it appears the following: ", including a new addition to an existing nursing home, assisted living facility, or intermediate care facility and regardless of whether the existing home or facility is being rehabilitated,"; (2) in paragraph (2), in the matter preceding subparagraph (A), by inserting "or 95 percent of the estimated value of the property or project in the case of a mortgagor that is a private nonprofit corporation or association (under the meaning given such term for purposes of section 221(d)(3) of this Act)," before "including"; (3) in paragraph (3), by adding at the end the following: "The Secretary shall not promulgate regtdations or establish terms or conditions that interfere with the ability of the mortgagor and mortgagee to determine the interest rate; and (4) in paragraph (4), by adding at the end the following new subparagraph: "(C) With respect to assisted living facilities or any such facility combined with any other home or facility, the Secretary shall not insure any mortgage under this section unless— "(i) the Secretary determines that the level of financing acquired by the mortgagor and any other resources available for the facility will be sufficient to ensure that the facility contains dwelling units and facilities for the provision of supportive services in accordance with subsection (b)(6); " (ii) the mortgagor provides assurances satisfactory to the Secretary that each dwelling unit in the facility will not be occupied by more than 1 person without the consent of all such occupante; and "(iii) the appropriate State licensing agency for the State, municipality, or other political subdivision in which the facility is or is to be located provides such assurances as the Secretary considers necessary that the facility will comply with any applicable stcmdards and requirements for such facilities.".

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