§ 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.