New York Public Health Law Article 46 - CONTINUING CARE RETIREMENT COMMUNITIES
- 4600 - Legislative Findings and Purpose.
The dramatic increase in the numbers of elderly people, especially those seventy-five years of age and older, coupled with the special housing and health care...
- 4601 - Definitions.
As used in this article: 1. "Certificates" or "certificate of authority" shall mean an authorization in writing, approved by the council and issued by the...
- 4602 - Continuing Care Retirement Community Council; Powers and Duties.
1. The continuing care retirement community council is hereby established, to consist of the following, or their designees: the attorney general; the commissioner; the director...
- 4603 - Commissioner; Powers and Duties.
The commissioner, in consultation with the council, shall have the following powers and duties: 1. to receive applications from potential operators of continuing care retirement...
- 4603-a - Residential Health Care Demonstration Facilities.
1. The commissioner, upon approval of the continuing care retirement community council and the public health council shall issue a certificate of incorporation of up...
- 4604 - Certificate of Authority Required; Application and Approval.
1. No person shall construct, expand, acquire, maintain, or operate a continuing care retirement community, or enter into a contract as an operator, or solicit...
- 4604-a - Council Approval Required for Industrial Development Agency Financing in Connection With Continuing Care Retirement Communities.
1. No person seeking financing in connection with a continuing care retirement community through an industrial development agency shall undertake such financing without the prior...
- 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...
- 4605-a - Certificate of Authority; Authority to Offer Continuing Care At Home Contracts.
A continuing care retirement community may offer continuing care at home contracts upon approval by the council to amend the continuing care retirement community's certificate...
- 4605-b - Certificate of Authority; Limitation on Continuing Care At Home Contracts.
The number of continuing care at home contracts approved on a certificate of authority shall be limited to: 1. The number of approved living units...
- 4606 - 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 reservation...
- 4607 - Annual Statement.
1. Within four months of close of the operator's fiscal year, unless an extension of time to file has been granted, the operator shall file...
- 4608 - Contracts.
A continuing care retirement contract or continuing care at home contract shall contain all of the following information in no less than twelve point type...
- 4608-a - Continuing Care At Home Requirements.
Continuing care retirement communities offering continuing care at home contracts shall: 1. Ensure that all continuing care retirement community employees or contractors providing services to...
- 4609 - 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 cancelled by a resident...
- 4610 - 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 bank,...
- 4611 - Reserves and Supporting Assets.
1. An operator shall maintain reserve liabilities and supporting assets in an amount and for the purposes set forth in a regulation issued by the...
- 4612 - Residents' Organizations.
1. Continuing care retirement contract holders shall have the right of self-organization, the right to be represented by one or more individuals of their own...
- 4613 - 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...
- 4614 - Audits.
1. The commissioner, or designee; and the superintendent, or designee; may at any time, and shall at least once every three years, visit each community...
- 4615 - 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...
- 4616 - Appointment of a Caretaker.
Upon a determination by the council that there exists operational deficiencies in a continuing care retirement community that show: 1. a condition or conditions in...
- 4617 - 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...
- 4618 - 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...
- 4619 - 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...
- 4620 - 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...
- 4621 - 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...
- 4622 - 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...
- 4623 - Long Term Care Insurance and Continuing Care Retirement Contracts or Continuing Care At Home Contracts.
1. The council may approve an application for a certificate of authority and the commissioner may issue a certificate of authority for the establishment and...
- 4624 - Continuing Care Retirement Communities Making Assurances Regarding Long Term Care.
1. Nothing in this article shall obligate a continuing care retirement community to offer life care contracts; provided, however, that only continuing care retirement communities...
Last modified: February 3, 2019