4605. Certificate of authority; authority of operator. 1. A certificate of authority shall authorize an operator:
a. to operate a continuing care retirement community and to enter into contracts pertaining to such community;
b. to prepare and make public information that details the terms of any contract relating to a community;
c. to advertise the community and the related services that will be provided pursuant to this article; and
d. to offer and execute contracts, including the collection of entrance fees and deposits pursuant to section forty-six hundred eight of this article.
2. a. The commissioner, in consultation with the council, may authorize an operator of a community with an on-site or affiliated residential health care facility to provide, for a limited period, residential health care facility services to persons, who are not residents of the community, provided, however, that the operator shall not discriminate in the admission, retention or care of any such person because such person is or will be eligible for, or receives or will receive, medical assistance benefits pursuant to title eleven of article five of the social services law.
b. The commissioner, in consultation with the council, may authorize an operator of a community with an on-site or affiliated adult care facility to provide, for a limited period, adult care facility services to persons, who are not residents of the community, provided, however, that the operator shall not discriminate in the admission, retention or care of any such person because such person is or will be eligible for, or receives or will receive, medical assistance benefits pursuant to title eleven of article five of the social services law or supplemental security income benefits pursuant to title sixteen of the federal social security act and any additional state payments made under title six of article five of the social services law.
Last modified: February 3, 2019