Bill Text: NY A07742 | 2023-2024 | General Assembly | Amended
Bill Title: Promotes efficient and effective oversight of continuing care retirement communities; transfers certain powers and duties from the continuing care retirement community council to the commissioner of health; repeals certain provisions of law relating thereto.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced) 2024-06-06 - reported referred to rules [A07742 Detail]
Download: New_York-2023-A07742-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 7742--A 2023-2024 Regular Sessions IN ASSEMBLY June 6, 2023 ___________ Introduced by M. of A. PAULIN, THIELE, SEAWRIGHT -- read once and referred to the Committee on Health -- recommitted to the Committee on Health in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public health law and the insurance law, in relation to promoting efficient and effective oversight of continuing care retirement communities; and to repeal certain provisions of such law relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 4602 of the public health law, as added by chapter 2 689 of the laws of 1989, the section heading and subdivisions 1 and 2 as 3 amended by chapter 659 of the laws of 1997, the opening paragraph of 4 subdivision 1 as amended by section 81 of part A of chapter 62 of the 5 laws of 2011, the opening paragraph of subdivision 2 as amended by chap- 6 ter 549 of the laws of 2014, subdivision 3 as amended by chapter 155 of 7 the laws of 2012, is amended to read as follows: 8 § 4602. [Continuing care retirement community council] Commissioner; 9 powers and duties. [1. The continuing care retirement community council10is hereby established, to consist of the following, or their designees:11the attorney general; the commissioner; the director of the office for12the aging; and eight public members appointed by the governor with the13advice and consent of the senate. Such public members shall be represen-14tative of the public, and have a demonstrated expertise or interest in15continuing care retirement communities; provided that no more than one16such member shall be a sponsor, owner, operator, manager, member of a17board of directors, or shareholder of a continuing care retirement18community. At least two public members shall be residents of a continu-19ing care retirement community. At least one of the public members shall20be a representative of an organization with demonstrated experience inEXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11682-02-4A. 7742--A 2 1representing the interests of senior citizens. The public members of the2council shall have fixed terms of four years. The council shall be3chaired by the commissioner or his or her designee.4Members of such council shall serve without compensation for their5services as members of the council, except that each of them may be6allowed the necessary and actual expenses which he shall incur in the7performance of his duties under this article.82. The council shall meet as often as may be deemed necessary to9fulfill its responsibilities.] The [council] commissioner shall have the 10 following powers and duties: 11 a. to receive applications from potential operators of continuing care 12 retirement communities and to distribute such applications for review to 13 the participating agencies; 14 b. to develop uniform forms for applications for certificates of 15 authority, to review the status of such applications, and to coordinate 16 the review of such applications in order to minimize duplication or 17 delay; 18 c. to provide information to entities wishing to establish continuing 19 care retirement communities and to persons interested in becoming resi- 20 dents of such communities, to the extent appropriate, with concerns 21 relating to the operation of such facilities; 22 d. to issue certificates of authority to approved applicants; 23 e. to approve or reject applications to obtain a certificate of 24 authority for the establishment and operation of a continuing care 25 retirement community. In reviewing applications, the [council] commis- 26 sioner shall consider the extent to which the applications reflect vari- 27 ous sponsorships, organizational structures, geographic dispersion, and 28 the public benefit. In determining the public benefit of a community 29 requiring construction of a total nursing facility component greater 30 than or equal to ninety beds, the [council] commissioner shall obtain 31 and consider the recommendation of the [state hospital review] public 32 health and health planning council with regard to the effect of the 33 construction of the community's nursing facility beds upon existing 34 facilities in the same geographic area; 35 [b.] f. to require the reporting of such facts and information as the 36 [council] commissioner may deem necessary to enforce the provisions of 37 this article; 38 [c.] g. to coordinate the oversight of operating communities and to 39 assign review and regulatory responsibility for particular aspects of 40 such communities to the appropriate agencies, consistent with their 41 legal authority, to assure consistent state supervision without dupli- 42 cation of inspection or regulatory review; 43 [d.] h. to make such recommendations to the governor and the legisla- 44 ture as may be necessary to encourage or further regulate the develop- 45 ment of continuing care retirement communities; 46 [e.] i. to establish and charge equitable and reasonable annual charg- 47 es for operators, not to exceed fifty dollars per approved living unit, 48 to subsidize, in part, expenditures incurred in reviewing applications 49 for certificates of authority and in inspecting, regulating, supervising 50 and auditing continuing care retirement communities; 51 [f. to review reports from the participating agencies regarding the52operations and financial management of approved communities, including53any reports regarding the financial condition of any community that may54be in need of close supervision and any reports of deficiencies in the55provision of health or social services to residents of any community;A. 7742--A 3 1g.] j. to adopt rules and regulations and amendments thereto to effec- 2 tuate the provisions of this article; 3 [h.] k. to revoke, suspend, limit, or annul a certificate of authority 4 under conditions set forth in section forty-six hundred fifteen of this 5 article, including when such action is taken at the specific request of 6 any participating council agency. [When action has been taken by the7commissioner pursuant to subdivision seven of section forty-six hundred8three of this article, the council shall meet as soon as reasonably9possible to approve or disapprove the action of the commissioner and10shall take such further action as may be appropriate;11i. to develop guidelines for applications for certificates of authori-12ty;13j.] l. to carry out any other responsibilities entrusted to the 14 commissioner pursuant to this chapter that may be necessary with regard 15 to the health care activities of continuing care retirement communities; 16 m. to make available to all prospective operators all pertinent regu- 17 lations regarding health and insurance necessary to comply with this 18 article; 19 n. to [make a final determination regarding an application] approve or 20 reject applications for authorization by prospective continuing care 21 retirement community applicants, entities that have filed an application 22 for a certificate of authority and operators, to enter into cancellable 23 priority reservation agreements [where the commissioner has proposed to24reject such application] and to collect refundable priority reservation 25 fees from prospective residents; 26 [k.] o. to require the reporting of such facts and information as the 27 [council] commissioner may deem necessary to determine whether charac- 28 teristics of residential health care demonstration facilities such as 29 comprehensive systems of residential and support services for the elder- 30 ly may be successfully incorporated into existing or approved continuing 31 care retirement communities; 32 [l.] p. to review and approve or reject applications by continuing 33 care retirement community operators to use entrance fees to assist the 34 operator in financing the construction or purchase of a proposed contin- 35 uing care retirement community in accordance with paragraph b of subdi- 36 vision six of section forty-six hundred ten of this article; and 37 [m.] q. to review and approve or reject any proposed financing by 38 industrial development agencies of continuing care retirement communi- 39 ties pursuant to article eighteen-A of the general municipal law as 40 authorized by section forty-six hundred four-a of this article. 41 [3. The council shall establish guidelines under which the commission-42er is authorized to approve or reject any proposed refinancing, if the43council has already approved an application pursuant to paragraph a of44subdivision two of this section.] 45 § 2. Section 4603 of the public health law is REPEALED and a new 46 section 4603 is added to read as follows: 47 § 4603. Continuing care retirement community council; powers and 48 duties. 1. The continuing care retirement community council is hereby 49 established, to consist of the following, or their designees: the attor- 50 ney general; the commissioner; the director of the office for the aging; 51 and eight public members appointed by the governor with the advice and 52 consent of the senate. Such public members shall be representative of 53 the public, and have a demonstrated expertise or interest in continuing 54 care retirement communities; provided that no more than one such member 55 shall be a sponsor, owner, operator, manager, member of a board of 56 directors, or shareholder of a continuing care retirement community. AtA. 7742--A 4 1 least two public members shall be residents of a continuing care retire- 2 ment community. At least one of the public members shall be a represen- 3 tative of an organization with demonstrated experience in representing 4 the interests of senior citizens. The public members of the council 5 shall have fixed terms of four years. The council shall be chaired by 6 the commissioner or the designee of such commissioner. 7 Members of such council shall serve without compensation for their 8 services as members of the council, except that each of them may be 9 allowed the necessary and actual expenses which such member shall incur 10 in the performance of their duties under this article. 11 2. The council shall meet as often as may be deemed necessary to 12 fulfill its responsibilities. The council shall have the following 13 powers and duties: 14 a. to assist the commissioner on policy matters related to the estab- 15 lishment and operation of continuing care retirement communities; 16 b. to assist the commissioner in the development of the state's over- 17 all policy regarding continuing care retirement communities and cause 18 studies and research to be conducted as it may deem advisable and neces- 19 sary; and 20 c. to make such recommendations to the governor and the legislature as 21 may be necessary to encourage or further regulate the development of 22 continuing care retirement communities. 23 § 3. Subdivision 4 of section 4604 of the public health law, as 24 amended by chapter 659 of the laws of 1997, subparagraphs (i), (ii) and 25 (iii) of paragraph a as further amended by section 104 of part A of 26 chapter 62 of the laws of 2011, paragraphs b and d as amended by chapter 27 549 of the laws of 2014, and paragraph c as amended by chapter 7 of the 28 laws of 2015, is amended to read as follows: 29 4. No certificate of authority shall be issued unless the commissioner 30 has approved an application meeting the requirements of this section and 31 all other requirements established by law [has been approved by] includ- 32 ing: 33 a. [(i)] the [superintendent of financial services as to the] actuari- 34 al principles involved, the financial feasibility of the facility, the 35 form and content of the proposed contracts to be entered into with resi- 36 dents and insurance contracts between an operator and an insurer requir- 37 ing the insurer to assume, wholly or in part, the cost of medical or 38 health related services to be provided to a resident, provided that the 39 review may be conducted by the commissioner or the designee of such 40 commissioner, including any necessary independent actuarial review; 41 [(ii) the superintendent of financial services as to] b. the rates and 42 rating methodology, if any, to be used by the operator to determine any 43 entrance fee, monthly care fee and/or any separate charges for the hous- 44 ing component of the continuing care contract including but not limited 45 to a cooperative or condominium fee charged to the resident as proposed 46 in said operator's application for certificate of authority. Subsequent 47 increases in any entrance or monthly care fee in excess of fees calcu- 48 lated pursuant to the approved rating methodology shall require approval 49 of the [superintendent] commissioner. The term "rating methodology" as 50 used herein shall incorporate a combination of variables including but 51 not limited to a pricing structure for comparable services, projected 52 operating and health care costs and the applicable inflationary impact 53 thereon, projected income and occupancy rates and the refundability 54 component of the continuing care retirement contract[.55(iii) the superintendent of financial services as to];A. 7742--A 5 1 c. any monthly care fee charged to a resident which may be increased 2 or decreased subject to approval by the [superintendent of financial3services] commissioner, provided, that monthly care fees may be 4 increased or decreased without specific approval as long as such 5 increase or decrease does not exceed a relevant cost index or indices 6 which reflect all components of continuing care including the costs 7 associated with provision of health care as determined and promulgated 8 at least annually by the [superintendent] commissioner or the designee 9 of such commissioner, including any necessary independent actuarial 10 review, and provided further that the [superintendent] commissioner is 11 notified of any such increase or decrease prior to its taking effect[.12(iv) An]; 13 d. the requirement that an individual resident's monthly care fee 14 shall not be modified because of the increased need for services of that 15 resident; 16 [b. the commissioner as to those] e. aspects of the application relat- 17 ing to adult care facility beds, if any; 18 [c.] f. review by the public health and health planning council as to 19 the establishment of a skilled nursing facility by the applicant and as 20 to such other facilities and services as may require the public health 21 and health planning council's approval of the application; provided, 22 however, that the recommendations of the health systems agency having 23 geographical jurisdiction of the area where the continuing care retire- 24 ment community is located shall not be required with respect to the 25 establishment of an on-site or affiliated residential health care facil- 26 ity to serve residents as part of the continuing care retirement commu- 27 nity, for up to the total number of residential health care facility 28 beds provided for in subdivision five of this section in communities 29 statewide; 30 [d. the commissioner under section twenty-eight hundred two of this31chapter;] provided, [however] further, that, the recommendations of the 32 public health and health planning council and the health systems agency 33 having geographical jurisdiction of the area where the continuing care 34 retirement community is located shall not be required with respect to 35 the construction of an on-site or affiliated residential health care 36 facility to serve residents as part of the continuing care retirement 37 community, for up to the total number of residential health care facili- 38 ty beds provided for in subdivision five of this section in communities 39 statewide; and 40 [e. the] g. upon consultation with the attorney general, as to those 41 aspects of the application relating to a cooperative, condominium or 42 other equity arrangement for the independent living unit, if any. 43 § 4. The opening paragraph of subdivision 6 of section 4604 of the 44 public health law, as amended by chapter 659 of the laws of 1997, is 45 amended to read as follows: 46 If the [approvals] applicant has satisfied the criteria required by 47 subdivision four of this section [have been obtained], the [council] 48 commissioner shall[, by majority vote,] either approve or reject the 49 application [within sixty days of the date on which the last such50approval has been obtained]. In order to approve the application, the 51 [council] commissioner shall have determined that: 52 § 5. Subdivisions 7 and 9 of section 4604 of the public health law, 53 subdivision 7 as amended by chapter 659 of the laws of 1997 and subdivi- 54 sion 9 as added by chapter 689 of the laws of 1989, are amended to read 55 as follows:A. 7742--A 6 1 7. Any change in the legal entity operating the continuing care 2 retirement community, or in a controlling person of the community shall 3 require approval in the same manner as an original application; 4 provided, however, that the [council] commissioner may waive any 5 requirement to provide information that is not relevant to such change 6 and provided, further, that the continued public need for the community 7 shall be presumed. 8 9. [If the council approves the application, the] The commissioner 9 shall issue the certificate of authority to the applicant upon approval 10 of the application. 11 § 6. Section 4604-a of the public health law, as amended by chapter 12 659 of the laws of 1997, paragraph g of subdivision 2 as amended by 13 chapter 549 of the laws of 2014, is amended to read as follows: 14 § 4604-a. [Council] Commissioner approval required for industrial 15 development agency financing in connection with continuing care retire- 16 ment communities. 1. No person seeking financing in connection with a 17 continuing care retirement community through an industrial development 18 agency shall undertake such financing without the prior approval of the 19 [council] commissioner. Upon approving a proposed financing pursuant to 20 this section, the [council] commissioner shall issue a certificate of 21 authorization to the applicant. 22 2. Prior to approving such financing, the [council] commissioner shall 23 find that: 24 a. The operator has (i) executed contracts for at least seventy 25 percent of all living units and has on deposit at least ten percent of 26 the entrance fees or purchase price for such units; or (ii) executed 27 contracts for at least sixty percent of all living units and has on 28 deposit at least twenty-five percent of the entrance fees or purchase 29 price for such units. 30 b. The operator has demonstrated capability to comply fully with the 31 requirements for a certificate of authority and has obtained a contin- 32 gent certificate of authority pursuant to section forty-six hundred four 33 of this article and the operator has agreed to meet the requirements of 34 article eighteen-A of the general municipal law. 35 c. The applicant is a not-for-profit corporation as defined in section 36 one hundred two of the not-for-profit corporation law that is (i) eligi- 37 ble for tax-exempt financing under this section and (ii) is exempt from 38 taxation pursuant to section 501(c)(3) of the federal internal revenue 39 code, and either has (i) an equity position in the community equivalent 40 to no less than fifteen percent of the amount to be financed in the 41 aggregate; or (ii) covenants (A) to meet a ratio of cash and investments 42 to outstanding debt (reserve ratio) of no less than twenty-five percent 43 commencing at the end of the first quarter after twenty-four months from 44 the receipt of a certificate of occupancy for the facility, and (B) to 45 maintain that reserve ratio, as tested quarterly based upon the facili- 46 ty's interim financial statements and annually based upon audited finan- 47 cial statements, until debt reduction equal to twenty-five percent of 48 total indebtedness is accomplished; and (c) to reduce total debt by 49 twenty-five percent of the total indebtedness at the time the certif- 50 icate of occupancy is received by no later than five years after the 51 receipt of the certificate of occupancy. 52 d. The operator has submitted in connection with the proposed financ- 53 ing a financial feasibility study, including a financial forecast and 54 market study prepared by an independent firm nationally recognized for 55 continuing care retirement community feasibility studies, demonstrating 56 to the satisfaction of the [council] commissioner the financial sound-A. 7742--A 7 1 ness of the financing. In addition, the operator has submitted an analy- 2 sis of economic costs and benefits, including job creation and 3 retention, the estimated value of tax exemptions provided, the project's 4 impact on local businesses and the availability and comparative cost of 5 alternative financing sources. Such analysis shall be prepared by an 6 independent entity. 7 e. The operator will establish and maintain a fully funded debt 8 service reserve equal to the sum of maximum annual debt service (inter- 9 est plus annual scheduled principal payments, not including balloon 10 maturities, if any) on bonds authorized thereby having a maturity of ten 11 years or less, plus the maximum annual debt service on bonds authorized 12 thereby having a maturity of greater than ten years, provided, however, 13 that in the case of tax-exempt bond issues, such debt service reserve 14 shall not exceed the maximum amount permitted by federal tax law. 15 f. The operator will provide for such remedies or limitations of reme- 16 dies of bondholders as may be required by or consistent with the 17 provisions of this article and any regulations in existence at the time 18 of the issuance promulgated thereunder. 19 g. Unless all residents or continuing care at home contract holders 20 have life care contracts, the operator has adequately made the assur- 21 ances required by subdivision two of section forty-six hundred twenty- 22 four of this article and has agreed to fund the liability in the event 23 that such resident's or contract holder's assets are insufficient to pay 24 for nursing facility services for a one year period. 25 3. In addition, an operator which is subject to the provisions of this 26 section shall: 27 a. provide the [council or its designee] commissioner with notice of 28 any monetary default or covenant default in connection with such financ- 29 ing and shall further notify the [council or its designee] commissioner 30 of any withdrawal from the debt service reserve fund established in 31 connection with such financing; 32 b. respond in writing to the operational recommendations of the [coun-33cil or its designee] commissioner with respect to protecting the inter- 34 ests of continuing care retirement community residents in the event of 35 any monetary default or covenant default provided for in connection with 36 such financing; 37 c. provide adequate security for the repayment of the bonds issued, 38 including the granting of liens on real and personal property and the 39 pledge of project revenues; the maintenance of minimum debt service 40 coverage and other financial ratios as shall be required in regulations 41 in existence at the time of issuance by the [council] commissioner; and 42 restrictions on other debt and expenditures; and 43 d. undertake to maintain the financial feasibility of the facility, 44 including the retention of an independent consultant to recommend and 45 help implement remedial action. 46 4. The [council] commissioner may request, and shall receive, the 47 technical assistance of any state agency or state public authority in 48 performing its functions under this article. 49 § 7. Section 4605-a of the public health law, as added by chapter 7 of 50 the laws of 2015, is amended to read as follows: 51 § 4605-a. Certificate of authority; authority to offer continuing care 52 at home contracts. A continuing care retirement community may offer 53 continuing care at home contracts upon approval by the [council] commis- 54 sioner to amend the continuing care retirement community's certificate 55 of authority. In order to qualify for an amendment to its certificate ofA. 7742--A 8 1 authority, the continuing care retirement community shall submit to the 2 commissioner the following: 3 1. a business plan to the commissioner [and superintendent] that 4 includes the following: 5 (a) a description of the continuing care at home services that will be 6 provided, the market that will be served by the continuing care at home 7 contracts, and the fees to be charged to prospective continuing care at 8 home contract holders; 9 (b) a copy of the proposed continuing care at home contract; and 10 (c) an actuarial study prepared by an independent actuary in accord- 11 ance with standards adopted by the American Academy of Actuaries demon- 12 strating the impact that the continuing care at home contracts will have 13 on the overall operations of the continuing care retirement community 14 and further demonstrating that the addition of continuing care at home 15 contracts will not jeopardize the financial solvency of the continuing 16 care retirement community. 17 2. a market feasibility study demonstrating to the commissioner [and18superintendent] sufficient consumer interest in continuing care at home 19 contracts and further demonstrating that the addition of continuing care 20 at home contracts will not have an adverse impact on the provision of 21 services to continuing care retirement contract holders. 22 3. materials that meet all requirements established by the [New York23state] department [of financial services]. 24 4. [A] a copy of the notification sent to continuing care retirement 25 contract holders describing the anticipated impact of the addition of 26 continuing care at home contracts on continuing care retirement communi- 27 ty resources and proof that such notification has been distributed to 28 all continuing care retirement contract holders. 29 § 8. Section 4605-b of the public health law, as added by chapter 7 of 30 the laws of 2015, is amended to read as follows: 31 § 4605-b. Certificate of authority; limitation on continuing care at 32 home contracts. The number of continuing care at home contracts 33 approved on a certificate of authority shall be limited to: 34 1. The number of approved living units on the continuing care retire- 35 ment community's premises that are intended for ILU residents, except 36 that the [council] commissioner may approve additional contracts upon a 37 submission [to the commissioner] by an operator consistent with the 38 provisions set forth in section forty-six hundred five-a of this arti- 39 cle; 40 2. The demonstrated number of continuing care at home contract holders 41 that can be supported in the existing or approved future capacity of the 42 adult care facility and skilled nursing facility consistent with the 43 provisions set forth in section forty-six hundred five-a of this arti- 44 cle; and 45 3. Conditions set forth by the [New York state] department [of finan-46cial services], based upon the [superintendent] commissioner's assess- 47 ment of the following: 48 (a) the overall financial impact on the community; and 49 (b) the submitted materials set forth in section forty-six hundred 50 five-a of this article. 51 § 9. Section 4607 of the public health law, as added by chapter 689 of 52 the laws of 1989, paragraph d of subdivision 2 as amended by chapter 659 53 of the laws of 1997, is amended to read as follows: 54 § 4607. Annual statement. 1. Within four months of close of the oper- 55 ator's fiscal year, unless an extension of time to file has been grant- 56 ed, the operator shall file an annual statement with the commissionerA. 7742--A 9 1 [and superintendent] showing the condition as of the last day of the 2 preceding calendar or fiscal year. If the commissioner [and superinten-3dent do] does not receive the annual statement within four months of the 4 end of the operator's fiscal year or have not granted an extension of 5 time to file, the [council] commissioner may charge a late fee. 6 2. The annual statement shall be in such form as the [council] commis- 7 sioner prescribes and shall contain at least the following: 8 a. Any change in status with respect to the information required to be 9 submitted pursuant to section forty-six hundred four of this article; 10 b. Financial statements audited by an independent certified public 11 accountant, which shall contain, for two or more periods if the communi- 12 ty has been in existence that long, the following: 13 (i) an accountant's opinion and, in accordance with generally accepted 14 accounting principles: 15 (A) a balance sheet, 16 (B) a statement of income and expenses, 17 (C) a statement of equity or fund balances, 18 (D) a statement of changes in financial position, 19 (ii) notes to the financial statements considered customary or neces- 20 sary to ensure full disclosure of the financial statements, financial 21 condition, and operation; 22 c. A detailed listing of the assets maintained for the reserves; 23 d. A copy of the most recent actuarial review of the community, 24 including such information as may be required by the [superintendent] 25 commissioner including an opinion of a qualified consulting actuary, as 26 to the current and projected soundness of the community, provided howev- 27 er that a new actuarial review must be submitted triennially; and 28 e. Such other reasonable financial and other information as the [coun-29cil] commissioner may require with respect to the operator or the commu- 30 nity, or its directors, controlling persons, trustees, members, branch- 31 es, subsidiaries or affiliates to determine the financial status of the 32 community and the management capabilities of the operator. 33 3. Sixty days before commencement of each calendar or fiscal year or 34 official opening date, whichever is applicable, each operator shall file 35 with the commissioner [and superintendent] a computation of the annual 36 long-term debt service and a projected annual revenue and expense summa- 37 ry for the next ten years. 38 § 10. Section 4658 of the public health law, as added by chapter 519 39 of the laws of 2004, is amended to read as follows: 40 § 4658. Annual statement. 1. Within four months of close of an opera- 41 tor's fiscal year, unless an extension of time to file has been granted, 42 the operator shall file an annual statement with the commissioner show- 43 ing the condition as of the last day of the preceding calendar or fiscal 44 year. If the commissioner does not receive the annual statement within 45 four months of the end of the operator's fiscal year or has not granted 46 an extension of time to file, the council may charge a late fee. 47 2. The annual statement shall be in such form as the [council] commis- 48 sioner prescribes and shall contain at least the following: 49 a. Any change in status with respect to the information required to be 50 submitted pursuant to section forty-six hundred fifty-seven of this 51 article; 52 b. Financial statements audited by an independent certified public 53 accountant, which shall contain, for two or more periods if the communi- 54 ty has been in existence that long, the following:A. 7742--A 10 1 (i) notes to the financial statements considered customary or neces- 2 sary to ensure full disclosure of the financial statements, financial 3 condition, and operation; and 4 (ii) an accountant's opinion and, in accordance with generally 5 accepted accounting principles: (A) a balance sheet, (B) a statement of 6 income and expenses, (C) a statement of equity or fund balances, and (D) 7 a statement of changes in financial position; 8 c. A detailed listing of the assets maintained for the reserves; and 9 d. Such other reasonable financial and other information as the [coun-10cil] commissioner may require with respect to the operator or the commu- 11 nity, or its directors, controlling persons, trustees, members, branch- 12 es, subsidiaries or affiliates to determine the financial status of the 13 community and the management capabilities of the operator. 14 3. Sixty days before commencement of each calendar or fiscal year or 15 official opening date, whichever is applicable, each operator shall file 16 with the commissioner a computation of the annual long-term debt service 17 and a projected annual revenue and expense summary for the next ten 18 years. 19 § 11. Subdivision 16 of section 4608 of the public health law, as 20 amended by chapter 7 of the laws of 2015, is amended to read as follows: 21 16. A statement that any amendment to the contract and any change in 22 fees or charges, other than those within the guidelines of an approved 23 rating system, must be approved by the [superintendent of financial24services] commissioner; 25 § 12. Subdivisions 1 and 2 of section 4614 of the public health law, 26 as amended by chapter 7 of the laws of 2015, are amended to read as 27 follows: 28 1. The commissioner, or designee[; and the superintendent, or desig-29nee;] may at any time, and shall at least once every three years, visit 30 each community and examine the business of any applicant for a certif- 31 icate of authority and any operator engaged in the execution of continu- 32 ing care retirement contracts or continuing care at home contracts or 33 engaged in the performance of obligations under such contracts. Routine 34 examinations may be conducted by having documents designated by and 35 submitted to such [commissioners or superintendent] commissioner, which 36 shall include financial documents and records conforming to commonly 37 accepted accounting principles and practices. The final written report 38 of each such examination conducted by such [commissioners or superinten-39dent] commissioner shall be filed with the commissioner and, when so 40 filed, shall constitute a public record. A copy of each report shall be 41 provided to members of the continuing care retirement community council. 42 Any operator being examined shall, upon request, give reasonable and 43 timely access to all of its records. The representative or examiner 44 designated by the [commissioners or superintendent, respectively,] 45 commissioner may, at any time, examine the records and affairs and 46 inspect the community's facilities, whether in connection with a formal 47 examination or not. 48 2. Any duly authorized officer, employee, or agent of the [health] 49 department[, or department of financial services] may, upon presentation 50 of proper identification, have access to, and inspect, any records main- 51 tained by the community relevant to the [respective] agency's regulatory 52 authority, with or without advance notice, to secure compliance with, or 53 to prevent a violation of, any provision of this article. 54 § 13. Section 4615 of the public health law, as added by chapter 689 55 of the laws of 1989, paragraph j of subdivision 1 as further amended by 56 section 104 of part A of chapter 62 of the laws of 2011, paragraph k ofA. 7742--A 11 1 subdivision 1 as amended by chapter 7 of the laws of 2015 and subdivi- 2 sion 3 as amended by chapter 659 of the laws of 1997, is amended to read 3 as follows: 4 § 4615. Revocation, suspension or annulment of certificate of authori- 5 ty. 1. The [council] commissioner may revoke, suspend, limit or annul 6 the certificate of authority of an operator upon proof that: 7 a. The operator failed to continue to meet the requirements for the 8 authority originally granted; 9 b. The operator lacked one or more of the qualifications for the 10 certificate of authority as specified by this article; 11 c. The operator made a material misstatement, misrepresentation, or 12 committed fraud in obtaining the certificate of authority, or in 13 attempting to obtain the same; 14 d. The operator lacked fitness or was untrustworthy; 15 e. The operator engaged in fraudulent or dishonest practices of 16 management in the conduct of business under the certificate of authori- 17 ty; 18 f. The operator converted or withheld funds; 19 g. The operator failed to comply with, or violated, any proper order, 20 rule or regulation of the council or violated any provision of this 21 article; 22 h. The unsound business practices of the operator renders its further 23 transactions in this state hazardous or injurious to the public; 24 i. The operator has refused to be examined or to produce its accounts, 25 records, and files for examination, or its officers, employees, or 26 controlling persons have refused to give information with respect to the 27 affairs of the community or to perform any other legal obligation as to 28 such examination; 29 j. The [superintendent of financial services] commissioner has made a 30 determination that the operator is insolvent within the meaning of 31 section one thousand three hundred nine of the insurance law; or 32 k. The commissioner has found violations of applicable statutes, rules 33 or regulations which threaten to affect directly the health, safety, or 34 welfare of a resident. 35 2. No certificate of authority shall be revoked, suspended, limited or 36 annulled without a hearing, except that a certificate of authority may 37 be temporarily suspended or limited prior to a hearing for a period not 38 in excess of sixty days upon written notice to the operator following a 39 finding by the commissioner that the public health or safety is in immi- 40 nent danger or there exists any condition or practice or a continuing 41 pattern of conditions or practices that pose an imminent danger to the 42 health or safety of any resident. Any delay in the hearing process occa- 43 sioned by the operator shall toll the running of said suspension or 44 limitation and shall not abridge the full time provided in this subdivi- 45 sion. 46 3. Any state agency which seeks to revoke, suspend, limit or annul the 47 certificate of authority or any other license or certificate required to 48 be obtained by an operator of a continuing care retirement community 49 pursuant to law, shall request the [council] commissioner to commence a 50 hearing pursuant to this section. 51 4. The [council] commissioner shall fix a time and place for the hear- 52 ing. The commissioner shall cause to be served in person or mailed by 53 registered or certified mail to the operator at least ten days before 54 the date fixed for the hearing a copy of the charges, together with the 55 notice of the time and place of the hearing. The operator shall file 56 with the commissioner not less than three days prior to the hearing aA. 7742--A 12 1 written answer to the charges. The agency which initiated the proceeding 2 shall be responsible for providing evidence in support of the charges to 3 the commissioner in order to prepare a statement of charges and shall 4 provide evidence in support of the charges at the hearing. 5 5. All orders hereunder shall be subject to review as provided in 6 article seventy-eight of the civil practice law and rules. Application 7 for such review must be made within sixty days after service in person 8 or by registered or certified mail of a copy of the order upon the oper- 9 ator. 10 § 14. Section 4616 of the public health law, as added by chapter 689 11 of the laws of 1989, the opening paragraph as amended by chapter 659 of 12 the laws of 1997, is amended to read as follows: 13 § 4616. Appointment of a caretaker. Upon a determination by the [coun-14cil] commissioner that there exists operational deficiencies in a 15 continuing care retirement community that show: 16 1. a condition or conditions in substantial violation of the standards 17 for health, safety or patient care established under federal or state 18 law or regulations; or 19 2. [or] that there exists in the facility a pattern or practice of 20 habitual violation of the standards of health, safety or patient care 21 established under federal or state law or regulations, the [council] 22 commissioner shall take the actions prescribed by section forty-six 23 hundred fifteen of this article, and, where the [council] commissioner 24 deems it to be in the public interest, the [council may request that the25commissioner, and upon request of the council the] commissioner shall[,] 26 petition a court of competent jurisdiction to appoint a caretaker as 27 defined in section twenty-eight hundred one of this chapter. The peti- 28 tion, the proceedings, and the procedures for appointment of a caretaker 29 shall be governed by the provisions of section forty-six hundred seven- 30 teen of this article, and the powers, duties and rights of a caretaker 31 appointed pursuant to such section shall be the same as those authorized 32 by subdivision four of such section. 33 § 15. Subdivisions 1, 2 and 8 of section 4617 of the public health 34 law, subdivision 1 as amended by chapter 659 of the laws of 1997, and 35 subdivisions 2 and 8 as added by chapter 689 of the laws of 1989, are 36 amended to read as follows: 37 1. The [council] commissioner may, [if it determines] upon a determi- 38 nation that serious operational deficiencies exist or serious financial 39 problems exist and such action is desirable, enter into an agreement 40 with the operator or owners of a continuing care retirement community 41 with respect to the appointment of a receiver to take charge of the 42 community under conditions as found acceptable by both parties. Receiv- 43 ership commenced in accordance with the provisions of this subdivision 44 shall terminate at such time as may be provided in the receivership 45 agreement, or at such time as either party notifies the other in writing 46 that it wishes to terminate such receivership. 47 2. [Upon request of the council, the] The commissioner shall, at the 48 time of revocation, suspension or temporary suspension of a certificate 49 of authority, apply to the supreme court where the community is situated 50 for an order directing the owner of the land and/or structure on or in 51 which the community is located, to show cause why a receiver should not 52 be appointed to take charge of the community. In those cases where the 53 certificate of authority has been revoked, suspended or temporarily 54 suspended, the supreme court shall appoint a receiver that, where 55 reasonably possible, is a legal entity that holds a valid certificate of 56 authority. Such application shall contain proof by affidavit that theA. 7742--A 13 1 facility has had its certificate of authority revoked, suspended, or 2 temporarily suspended. Such order to show cause shall be returnable not 3 less than five days after service is completed and shall provide for 4 personal service of a copy thereof and the papers on which it is based, 5 on the owner or owners of the land and/or structures on or in which the 6 community is located. If any such owner and manager cannot with due 7 diligence be served personally within the county where the property is 8 located and within the time fixed in such order, then service may be 9 made on such person by posting a copy thereof in a conspicuous place 10 within the community in question, and by sending a copy thereof by 11 registered mail, return receipt requested, to such owner at the last 12 address registered by [him] such owner with the department or in the 13 absence of such registration to the address set forth in the last 14 recorded deed with respect to the facility. Service shall be deemed 15 complete on filing proof of service thereof in the office of the county 16 clerk, or the clerk of the city of New York, as the case may be. 17 8. Any other provision of this article notwithstanding, the [council] 18 commissioner may, if [it] such commissioner deems appropriate, grant to 19 any community operating or scheduled to operate under a receivership 20 authorized by this section a certificate of authority, the duration of 21 which shall be limited to the duration of the receivership. 22 § 16. Section 4668 of the public health law, as added by chapter 519 23 of the laws of 2004, is amended to read as follows: 24 § 4668. Revocation, suspension or annulment of certificate of authori- 25 ty. 1. The [council] commissioner may revoke, suspend, limit or annul 26 the certificate of authority of an operator upon proof that: 27 a. The operator failed to continue to meet the requirements for the 28 authority originally granted; 29 b. The operator lacked one or more of the qualifications for the 30 certificate of authority as specified by this article; 31 c. The operator made a material misstatement, misrepresentation, or 32 committed fraud in obtaining the certificate of authority, or in 33 attempting to obtain the same; 34 d. The operator lacked fitness or was untrustworthy; 35 e. The operator engaged in fraudulent or dishonest practices of 36 management in the conduct of business under the certificate of authori- 37 ty; 38 f. The operator converted or withheld funds; 39 g. The operator failed to comply with, or violated, any proper order, 40 rule or regulation of the council or violated any provision of this 41 article; 42 h. The unsound business practices of the operator renders its further 43 transactions in this state hazardous or injurious to the public; 44 i. The operator has refused to be examined or to produce its accounts, 45 records and files for examination, or its officers, employees or 46 controlling persons have refused to give information with respect to the 47 affairs of the community or to perform any other legal obligation as to 48 such examination; or 49 j. The commissioner has found violations of applicable statutes, rules 50 or regulations which threaten to affect directly the health, safety, or 51 welfare of a resident of a fee-for-service continuing care retirement 52 community. 53 2. No certificate of authority shall be revoked, suspended, limited or 54 annulled without a hearing, except that a certificate of authority may 55 be temporarily suspended or limited prior to a hearing for a period not 56 in excess of sixty days upon written notice to the operator following aA. 7742--A 14 1 finding by the commissioner that public health or safety is in imminent 2 danger or there exists any condition or practice or a continuing pattern 3 of conditions or practices that pose an imminent danger to the health or 4 safety of any resident. Any delay in the hearing process occasioned by 5 the operator shall toll the running of said suspension or limitation and 6 shall not abridge the full time provided in this subdivision. 7 3. Any state agency which seeks to revoke, suspend, limit or annul the 8 certificate of authority or any other license or certificate required to 9 be obtained by an operator of a community pursuant to law, shall request 10 the [council] commissioner to commence a hearing pursuant to this 11 section. 12 4. The [council] commissioner shall fix a time and place for the hear- 13 ing. The commissioner shall cause to be served in person or mailed by 14 registered or certified mail to the operator at least ten days before 15 the date fixed for the hearing a copy of the charges, together with the 16 notice of the time and place of the hearing. The operator shall file 17 with the commissioner not less than three days prior to the hearing a 18 written answer to the charges. The agency which initiated the proceeding 19 shall be responsible for providing evidence in support of the charges to 20 the commissioner in order to prepare a statement of charges and shall 21 provide evidence in support of the charges at the hearing. 22 5. All orders pursuant to this section shall be subject to review as 23 provided in article seventy-eight of the civil practice law and rules. 24 Application for such review shall be made within sixty days after 25 service in person or by registered or certified mail of a copy of the 26 order upon the operator. 27 § 17. Section 4669 of the public health law, as added by chapter 519 28 of the laws of 2004, is amended to read as follows: 29 § 4669. Appointment of a caretaker. Upon a determination by the 30 [council] commissioner that there exists operational deficiencies in a 31 fee-for-service continuing care retirement community that show: 32 1. there exists in the facility a pattern or practice of habitual 33 violation of the standards of health, safety or patient care established 34 under federal or state law or regulations, the [council] commissioner 35 shall take the actions prescribed by section forty-six hundred sixty- 36 eight of this article, and, where the [council] commissioner deems it to 37 be in the public interest, the [council may request the commissioner,38and upon request of the council the] commissioner shall[,] petition a 39 court of competent jurisdiction to appoint a caretaker as defined in 40 section twenty-eight hundred one of this chapter. The petition, the 41 proceedings, and the procedures for appointment of a caretaker shall be 42 governed by the provisions of section forty-six hundred seventy of this 43 article, and the power, duties and rights of a caretaker appointed 44 pursuant to such section shall be the same as those authorized by subdi- 45 vision four of such section; or 46 2. a condition or conditions in substantial violation of the standards 47 for health, safety or patient care established under federal or state 48 law or regulations. 49 § 18. Subdivisions 1, 2 and 8 of section 4670 of the public health 50 law, as added by chapter 519 of the laws of 2004, are amended to read as 51 follows: 52 1. The [council] commissioner may, [if it determines] upon a determi- 53 nation that serious operational deficiencies exist or serious financial 54 problems exist and such action is desirable, enter into an agreement 55 with the operator or owners of a fee-for-service continuing care retire- 56 ment community with respect to the appointment of a receiver to takeA. 7742--A 15 1 charge of the community under conditions as found acceptable by both 2 parties. Receivership commenced in accordance with the provisions of 3 this subdivision shall terminate at such time as may be provided in the 4 receivership agreement, or at such time as either party notifies the 5 other in writing that it wishes to terminate such receivership. 6 2. [Upon request of the council, the] The commissioner shall, at the 7 time of revocation, suspension or temporary suspension of a certificate 8 of authority, apply to the supreme court where the community is situated 9 for an order directing the owner of the land and/or structure on or in 10 which the community is located, to show cause why a receiver should not 11 be appointed to take charge of the community. In those cases where the 12 certificate of authority has been revoked, suspended or temporarily 13 suspended, the supreme court shall appoint a receiver that, where 14 reasonably possible, is a legal entity that holds a valid certificate of 15 authority. Such application shall contain proof by affidavit that the 16 facility has had its certificate of authority revoked, suspended or 17 temporarily suspended. Such order to show cause shall be returnable not 18 less than five days after service is completed and shall provide for 19 personal service of a copy thereof and the papers on which it is based, 20 on the owner or owners of the land and/or structures on or in which the 21 community is located. If any such owner and manager cannot with due 22 diligence be served personally within the county where the property is 23 located and within the time fixed in such order, then service may be 24 made on such person by posting a copy thereof in a conspicuous place 25 within the community in question, and by sending a copy thereof by 26 registered mail, return receipt requested, to such owner at the last 27 address registered by [him or her] such owner with the department or in 28 the absence of such registration to the address set forth in the last 29 recorded deed with respect to the facility. Service shall be deemed 30 complete on filing proof of service thereof in the office of the county 31 clerk, or the clerk of the city of New York, as the case may be. 32 8. Any other provision of this article notwithstanding, the [council] 33 commissioner may, if [it] such commissioner deems appropriate, grant to 34 any community operating or scheduled to operate under a receivership 35 authorized by this section a certificate of authority, the duration of 36 which shall be limited to the duration of the receivership. 37 § 19. Paragraph g of subdivision 4 of section 4621 of the public 38 health law, as added by chapter 406 of the laws of 1991, is amended to 39 read as follows: 40 g. If the funds in an escrow account under this section, and any 41 interest thereon, are not released to the applicant within such time as 42 provided by rules and regulations adopted by the [council] commissioner, 43 then such funds shall be returned by the escrow agent to the person who 44 had made the payments or the person's legal representative. 45 § 20. Subdivision 1 of section 4623 of the public health law, as 46 amended by chapter 659 of the laws of 1997, is amended to read as 47 follows: 48 1. The [council] commissioner may approve an application for a certif- 49 icate of authority and [the commissioner] may issue a certificate of 50 authority for the establishment and operation of a continuing care 51 retirement community under an arrangement which otherwise complies with 52 the requirements of this article except that the costs of nursing facil- 53 ity or home health care services are paid for in whole or in part by (a) 54 long term care insurance obtained and paid for by the resident or by 55 medical assistance payments in accordance with the partnership for long 56 term care program pursuant to section three hundred sixty-seven-f of theA. 7742--A 16 1 social services law and section three thousand two hundred twenty-nine 2 of the insurance law or (b) other group or individual long term care 3 insurance approved by the superintendent and the council in connection 4 with the application. The council, in consultation with the superinten- 5 dent, shall provide for adequate disclosure to residents of their 6 options, rights and obligations under such an arrangement, and shall 7 establish standards for the remittance and collection of premiums and 8 monthly care fees. 9 § 21. The opening paragraph of subdivision 14 and subdivision 15 of 10 section 4657 of the public health law, as added by chapter 519 of the 11 laws of 2004, are amended to read as follows: 12 In accordance with regulations promulgated by the [council] commis- 13 sioner, the operator shall prepare a standard information sheet for each 14 approved fee-for-service continuing care retirement community, which 15 must be approved by the department, distributed with the community's 16 marketing materials and attached to the initial disclosure statement 17 prepared in accordance with this section. The standard information sheet 18 shall be prepared in plain language and in twelve point type and shall 19 include, but shall not be limited to the following information: 20 15. Any other information as may be required by regulations promulgat- 21 ed by the [council] commissioner. 22 § 22. The opening paragraph and paragraph d of subdivision 2 of 23 section 4658 of the public health law, as added by chapter 519 of the 24 laws of 2004, are amended to read as follows: 25 The annual statement shall be in such form as the [council] commis- 26 sioner prescribes and shall contain at least the following: 27 d. Such other reasonable financial and other information as the [coun-28cil] commissioner may require with respect to the operator or the commu- 29 nity, or its directors, controlling persons, trustees, members, branch- 30 es, subsidiaries or affiliates to determine the financial status of the 31 community and the management capabilities of the operator. 32 § 23. Subdivision 2 of section 4651 of the public health law, as added 33 by chapter 519 of the laws of 2004, is amended to read as follows: 34 2. "Certificates" or "certificate of authority" shall mean an authori- 35 zation in writing, approved [by the council] and issued by the commis- 36 sioner, for an operator to operate a fee-for-service continuing care 37 retirement community and to enter into fee-for-service continuing care 38 contracts pertaining to such community. 39 § 24. Section 4654 of the public health law, as amended by chapter 545 40 of the laws of 2004, is amended to read as follows: 41 § 4654. Authorization of fee-for-service continuing care retirement 42 communities. The commissioner[, upon approval of the continuing care43retirement community council,] shall approve up to eight fee-for-service 44 continuing care retirement communities to encourage affordable care 45 options for middle income seniors, up to two of which may be operated by 46 a for-profit entity. 47 § 25. The opening paragraph of section 4659 of the public health law, 48 as added by chapter 519 of the laws of 2004, is amended to read as 49 follows: 50 A fee-for-service continuing care contract shall contain all of the 51 following information in no less than twelve point type and in plain 52 language, in addition to any other terms or matter as may be required by 53 regulations [adopted by the council and] issued by the commissioner: 54 § 26. The opening paragraph of subdivision 5 of section 4655 of the 55 public health law, as amended by chapter 545 of the laws of 2004, is 56 amended to read as follows:A. 7742--A 17 1 If the [approvals] applicant has satisfied the criteria required by 2 subdivision four-a of this section have been obtained, the [council] 3 commissioner shall[, by majority vote,] either approve or reject the 4 application [within sixty days of the date on which the last such5approval has been obtained]. In order to approve the application, the 6 [council] commissioner shall have determined that: 7 § 27. Subdivisions 6 and 8 of section 4655 of the public health law, 8 as added by chapter 519 of the laws of 2004, are amended to read as 9 follows: 10 6. Any change in the legal entity operating the fee-for-service 11 continuing care retirement community, or in a controlling person of the 12 community shall require approval in the same manner as an original 13 application; provided, however, that the [council] commissioner may 14 waive any requirement to provide information that is not relevant to 15 such change and provided, further, that the continued public need for 16 the community shall be presumed. 17 8. [If the council approves the application, the] The commissioner 18 shall issue a certificate of authority to the applicant upon approval of 19 the application. 20 § 28. Section 4611 of the public health law, as added by chapter 689 21 of the laws of 1989, the opening paragraph of subdivision 1 as further 22 amended by section 104 of part A of chapter 62 of the laws of 2011, is 23 amended to read as follows: 24 § 4611. Reserves and supporting assets. 1. An operator shall maintain 25 reserve liabilities and supporting assets in an amount and for the 26 purposes set forth in a regulation issued by the [superintendent of27financial services] commissioner. Liquid assets must be maintained for 28 the following reserve liabilities: 29 a. Principal and interest payments and payments for taxes and insur- 30 ance for up to twelve months; 31 b. Total estimated operating costs for up to six months as set by the 32 [superintendent] commissioner; 33 c. Repairs and replacements for up to twelve months; and 34 d. In addition, the amount of liquid assets must meet any cash flow 35 requirements and conditions as set forth in a regulation. 36 2. The assets in support of reserve liabilities of subdivision one of 37 this section shall meet quantitative and qualitative standards set forth 38 in regulations issued by the [superintendent] commissioner. 39 § 29. Section 1119 of the insurance law, as amended by chapter 659 of 40 the laws of 1997, is amended to read as follows: 41 § 1119. Limited exemption for continuing care retirement communities. 42 [(a)] An organization complying with the provisions of article forty-six 43 of the public health law may operate without being licensed under this 44 chapter and without being subject to any provisions of this chapter, 45 except to the extent that such organization must comply with the 46 provisions of this chapter by virtue of such article[, and such organ-47ization must comply with rules and regulations of the superintendent48relating to:49(1) financial feasibility of the continuing care retirement community,50(2) actuarial principles established relating to such communities,51(3) approval of continuing care retirement contracts and the rates and52rating system, if any, for such contracts.53(b) The superintendent may promulgate regulations in effectuating the54purposes and the provisions of this chapter and article forty-six of the55public health law, which may include requirements applicable to theA. 7742--A 18 1contracts between a continuing care retirement community and its resi-2dents.3(c) Such organization shall be subject to the provisions of article4seventy-four of this chapter. Prior to commencing action under article5seventy-four, the superintendent shall consult with the continuing care6retirement community council established pursuant to section forty-six7hundred two of the public health law]. 8 § 30. Subdivision 1 of section 4621 of the public health law, as 9 amended by chapter 659 of the laws of 1997, is amended to read as 10 follows: 11 1. No person, partnership, corporation or other entity shall solicit, 12 collect or receive any priority reservation fee or enter into any agree- 13 ment relating to the payment of any priority reservation fee with 14 respect to any continuing care retirement community to be operated with- 15 in the state without first obtaining the written authorization of the 16 commissioner. The commissioner shall not grant such authorization to an 17 entity that has not yet obtained a certificate of authority unless the 18 requirements of this section and any applicable regulations are met. 19 Upon obtaining the authorization of the commissioner under this section, 20 a prospective continuing care retirement community applicant or an enti- 21 ty that has filed an application for a certificate of authority may 22 enter into cancelable priority reservation agreements with prospective 23 residents and solicit, collect and receive refundable priority reserva- 24 tion fees for direct deposit into an escrow account, prior to obtaining 25 a certificate of authority, for the purpose of evaluating market demand 26 for a proposed continuing care retirement community and for the purpose 27 of guaranteeing to prospective residents an opportunity for priority 28 placement in a continuing care retirement community. A priority reserva- 29 tion fee shall not exceed two thousand dollars unless the commissioner, 30 in the discretion of such commissioner, establishes that a priority 31 reservation fee may exceed two thousand dollars. A non-refundable prior- 32 ity reservation agreement application fee shall not exceed the maximum 33 amount [for such fee as set forth in regulations adopted by the council] 34 established by the commissioner, in such commissioner's discretion. 35 § 31. Subdivision 1 of section 4622 of the public health law, as 36 amended by chapter 659 of the laws of 1997, is amended to read as 37 follows: 38 1. No person, partnership, corporation or other entity shall solicit, 39 collect or receive any priority reservation fee or enter into any agree- 40 ment relating to the payment of any priority reservation fee with 41 respect to any continuing care retirement community operated or to be 42 operated within the state without first obtaining the written authori- 43 zation of the commissioner. The commissioner shall not grant such 44 authorization to an entity that has obtained a certificate of authority 45 unless the requirements of this section and any applicable regulations 46 are met. Upon obtaining the authorization of the commissioner under this 47 section, an operator may enter into cancelable priority reservation 48 agreements with prospective residents and solicit, collect and receive 49 refundable priority reservation fees for direct deposit into an escrow 50 account for the purpose of guaranteeing to prospective residents an 51 opportunity for priority placement in the continuing care retirement 52 community for which the operator has obtained a certificate of authori- 53 ty. A priority reservation fee shall not exceed two thousand dollars 54 unless the commissioner, in the discretion of such commissioner, estab- 55 lishes that a priority reservation fee may exceed two thousand dollars. 56 A non-refundable priority reservation agreement application fee shallA. 7742--A 19 1 not exceed the maximum amount [for such fee as set forth in regulations2adopted by the council] established by the commissioner, in such commis- 3 sioner's discretion. 4 § 32. Subdivision 1 of section 4674 of the public health law, as added 5 by chapter 519 of the laws of 2004, is amended to read as follows: 6 1. No person, partnership, corporation or other entity shall solicit, 7 collect or receive any priority reservation fee or enter into any agree- 8 ment relating to the payment of any priority reservation fee with 9 respect to any fee-for-service continuing care retirement community to 10 be operated within the state without first obtaining the written author- 11 ization of the commissioner. The commissioner shall not grant such 12 authorization to an entity that has not yet obtained a certificate of 13 authority unless the requirements of this section and any applicable 14 regulations are met. Upon obtaining the authorization of the commission- 15 er under this section, a prospective community applicant or an entity 16 having filed an application for a certificate of authority may enter 17 into cancelable priority reservation agreements with prospective resi- 18 dents and solicit, collect and receive refundable priority reservation 19 fees for direct deposit into an escrow account, prior to obtaining a 20 certificate of authority, for the purpose of evaluating market demand 21 for a proposed fee-for-service continuing care retirement community and 22 for the purpose of guaranteeing to prospective residents an opportunity 23 for priority placement in a fee-for-service continuing care retirement 24 community. A priority reservation fee shall not exceed two thousand 25 dollars unless the commissioner, in the discretion of such commissioner, 26 establishes that a priority reservation fee may exceed two thousand 27 dollars. A non-refundable priority reservation agreement application 28 fee shall not exceed the maximum amount [for such fee as set forth in29regulations adopted by the council] established by the commissioner, in 30 such commissioner's discretion. 31 § 33. Subdivision 1 of section 4675 of the public health law, as added 32 by chapter 519 of the laws of 2004, is amended to read as follows: 33 1. No person, partnership, corporation or other entity shall solicit, 34 collect or receive any priority reservation fee or enter into any agree- 35 ment relating to the payment of any priority reservation fee with 36 respect to any fee-for-service continuing care retirement community 37 operated or to be operated within the state without first obtaining the 38 written authorization of the commissioner. The commissioner shall not 39 grant such authorization to an entity that has obtained a certificate of 40 authority unless the requirements of this section and any applicable 41 regulations are met. Upon obtaining the authorization of the commission- 42 er under this section, an operator may enter into cancelable priority 43 reservation agreements with prospective residents and solicit, collect 44 and receive refundable priority reservation fees for direct deposit into 45 an escrow account for the purpose of guaranteeing to prospective resi- 46 dents an opportunity for priority placement in the fee-for-service 47 continuing care retirement community for which the operator has obtained 48 a certificate of authority. A priority reservation fee shall not exceed 49 two thousand dollars unless the commissioner, in the discretion of such 50 commissioner, establishes that a priority reservation fee may exceed two 51 thousand dollars. A non-refundable priority reservation agreement 52 application fee shall not exceed the maximum amount [for such fee as set53forth in regulations adopted by the council] established by the commis- 54 sioner, in such commissioner's discretion. 55 § 34. No later than December 1, 2024, the commissioner of health, in 56 conjunction with the superintendent of financial services, shall evalu-A. 7742--A 20 1 ate and make recommendations regarding the additional resources required 2 by the department of health to implement this act to the governor, the 3 division of the budget, the senate finance committee and the assembly 4 ways and means committee. 5 § 35. Notwithstanding section 163 of the state finance law, the 6 commissioner of health may enter into new contracts, or in the 7 discretion of such commissioner, institute a contract addendum to an 8 existing contract to secure actuarial and other services, necessary to 9 implement this act. 10 § 36. This act shall take effect immediately.
