N.Y. Pub. Health Law § 4603

Current through 2024 NY Law Chapter 457

Section 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 communities and to distribute such applications for review to the participating agencies;

2. to collect and compile recommendations from the participating agencies and to present consolidated materials, including recommendations, to the council for its review and action;

3. to develop uniform forms for applications for certificates of authority, to review the status of such applications, and to coordinate the review of such applications in order to minimize duplication or delay;

4. to provide information to entities wishing to establish continuing care retirement communities and to persons interested in becoming residents of such communities and to assist operators and residents of such communities, to the extent appropriate, with concerns relating to the operation of such facilities;

5. to issue certificates of authority to those applicants approved by the council;

6. to coordinate the interagency regulatory review of the applications, development and operations of communities in order to minimize duplication or delay;

7. if the immediate health, safety, or financial needs of a community's residents are in jeopardy, to suspend or limit a certificate of authority pursuant to subdivision two of section forty-six hundred fifteen of this article. If the commissioner suspends a certificate of authority, he shall immediately notify the council;

8. to make recommendations concerning and to promulgate rules and regulations and amendments thereto that have been adopted by the council to effectuate the provisions of this article;

9. to carry out any other responsibilities entrusted to the commissioner pursuant to this chapter that may be necessary with regard to the health care activities of continuing care retirement communities;

10. to make available to all prospective operators all pertinent regulations regarding health and insurance necessary to comply with this article;

11. to approve or reject applications for authorization, by prospective continuing care retirement community applicants, entities that have filed an application for a certificate of authority and operators, to enter into cancelable priority reservation agreements and to collect refundable priority reservation fees from prospective residents; provided that in any case where the commissioner proposes to reject such application, the council shall meet within a reasonable period of time not to exceed ninety days to make a final determination regarding such application; and

12. to approve or reject any proposed refinancing consistent with the guidelines established pursuant to subdivision three of section forty-six hundred two of this article.

N.Y. Pub. Health Law § 4603