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 REQUIREMENTS.—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 nursing home and intermedi-
ate care facility" and inserting "any combination of nursing
home, assisted living facility, and intermediate care facil-
ity"; 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 facil-
ity, 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(dX3) of this Act)," before
"including";

(3) in paragraph (3), by adding at the end the following:
'The Secretary shall not promulgate regulations or establish
terms or conditions that interfere with the ability of the mortga-
gor 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 avail-
able for the facility win be sufficient to ensure that the
facility contains dwelling units and facilities for the provi-
sion of supportive services in accordance with subsection
tt>X6);

"(ii) the mortgagor provides assurances satisfactory to
the Secretary that each dwelling unit hi the facility will
not be occupied by more than 1 person without the consent
of all such occupants; 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 standards and requirements
for such facilities.".