New York Public Health Law Article 46-A - FEE-FOR-SERVICE CONTINUING CARE RETIREMENT COMMUNITIES DEMONSTRATION PROGRAM

• 4650 - Short Title.
  * This article shall be known and may be cited as the "Fee-for-service continuing care retirement community act". * NB There are 2 4650's
• 4651 - Definitions.
  * As used in this article: 2. "Certificates" or "certificate of authority" shall mean an authorization in writing, approved by the council and issued by...
• 4652 - Commissioner; Powers and Duties.
  * For the purposes of this article, the commissioner shall have all the powers and duties delegated to him or her pursuant to section forty-six...
• 4653 - Continuing Care Retirement Community Council; Powers and Duties.
  * For the purposes of this article, the council shall have all the powers and duties delegated to its members pursuant to section forty-six hundred...
• 4654 - Authorization of Fee-For-Service Continuing Care Retirement Communities.
  * The commissioner, upon approval of the continuing care retirement community council, shall approve up to eight fee-for-service continuing care retirement communities to encourage affordable...
• 4655 - Certificate of Authority Required; Application and Approval.
  * 1. No person shall construct, expand, acquire, maintain, or operate a fee-for-service continuing care retirement community, or enter into a contract as an operator,...
• 4656 - Certificate of Authority; Authority of Operator.
  * 1. A certificate of authority shall authorize an operator: a. to operate a fee-for-service continuing care retirement community and to enter into contracts pertaining...
• 4657 - Initial Disclosure Statement.
  * Prior to the execution of a contract, or before the transfer of any money, other than a refundable priority reservation fee or non-refundable priority...
• 4658 - Annual Statement.
  * 1. Within four months of close of an operator's fiscal year, unless an extension of time to file has been granted, the operator shall...
• 4659 - Fee-For-Service Continuing Care Contract.
  * A fee-for-service continuing care contract shall contain all of the following information in no less than twelve point type and in plain language, in...
• 4660 - Withdrawal, Death or Dismissal of Person; Refund.
  * 1. Upon the giving of written notice of cancellation by certified mail of at least thirty days, the contract may be canceled by a...
• 4661 - Consumer Safeguards.
  * The applicant shall demonstrate the financial feasibility of the facility. The operator shall provide a statement of the anticipated source and application of the...
• 4662 - Entrance Fee Escrow Account.
  * As a condition for approval to advertise and collect refundable entry fees/deposits: 1. The operator shall establish an interest-bearing account with a New York...
• 4663 - Release of Escrowed Funds to the Operator.
  * Escrowed funds shall not be released to the operator unless: 1. construction or purchase of the community or an approved phase of a community...
• 4664 - Asset Reserves.
  An operator shall maintain reserve liabilities and supporting assets in an amount for the purposes set forth in a regulation issued by the commissioner. Liquid...
• 4665 - Residents' Organizations.
  1. Residents living in a community authorized by this article shall have the right of self-organization, the right to be represented by one or more...
• 4666 - Advertisements.
  No person, partnership, corporation, company, trust or association, or any agent or employee thereof, shall publish or cause to be published, circulated, or disseminated any...
• 4667 - Audits.
  1. The commissioner, or his or her designee, may at any time, and shall at least once every three years, visit each community and examine...
• 4668 - Revocation, Suspension or Annulment of Certificate of Authority.
  1. The council may revoke, suspend, limit or annul the certificate of authority of an operator upon proof that: a. The operator failed to continue...
• 4669 - Appointment of a Caretaker.
  Upon a determination by the council that there exists operational deficiencies in a fee-for-service continuing care retirement community that show: 1. there exists in the...
• 4670 - Receiverships.
  1. The council may, if it determines that serious operational deficiencies exist or serious financial problems exist and such action is desirable, enter into an...
• 4671 - Civil Action.
  Any person who, as or on behalf of an operator, enters into a contract without having first delivered to the prospective resident the disclosure statement...
• 4672 - Criminal Penalties.
  1. A person, partnership, corporation, controlling person, or agent or employee thereof, who knowingly uses or employs any act or practice in violation of this...
• 4673 - Separability.
  If any clause, sentence, paragraph, section or part of this article shall be adjudged by any court of competent jurisdiction to be invalid, the judgment...
• 4674 - Priority Reservation Agreements; Prior to Obtaining a Certificate of Authority.
  The provisions of this section shall apply to entities that seek approval to enter into priority reservation agreements and to solicit, collect or receive priority...
• 4675 - Priority Reservation Agreements; After Obtaining a Certificate of Authority.
  The provisions of this section apply to entities that seek approval to enter into priority reservation agreements and to solicit, collect or receive priority reservation...
• 4676 - Industrial Development Agency Financing.
  Fee-for-service continuing care retirement communities developed pursuant to this article shall be eligible for industrial development financing in accordance with section forty-six hundred four-a of...

Last modified: February 3, 2019