2013 New York Consolidated Laws
PBH - Public Health
Article 46-A - (4650 - 4676) FEE-FOR-SERVICE CONTINUING CARE RETIREMENT COMMUNITIES DEMONSTRATION PROGRAM
4667 - Audits.

 
    §  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 the business of any applicant for a certificate of
  authority  and  any operator engaged in the execution of fee-for-service
  continuing care contracts or engaged in the performance  of  obligations
  under  such  contracts.  Routine examinations may be conducted by having
  documents designated by and submitted to the commissioner,  which  shall
  include  financial documents and records conforming to commonly accepted
  accounting principles and practices. The final written  report  of  each
  such  examination  conducted by the commissioner shall be filed with the
  commissioner and, when so filed, shall constitute  a  public  record.  A
  copy  of each report shall be provided to members of the continuing care
  retirement community council. Any operator being  examined  shall,  upon
  request,  give  reasonable  and timely access to all of its records. The
  representative or examiner designated by the commissioner  may,  at  any
  time,  examine  the  records  and  affairs  and  inspect the community's
  facilities, whether in connection with a formal examination or not.
    2. Any duly authorized officer, employee, or agent of  the  department
  may,  upon  presentation  of  proper  identification, have access to and
  inspect, any  records  maintained  by  the  community  relevant  to  the
  department's  regulatory  authority,  with or without advance notice, to
  secure compliance with, or to prevent a violation of, any  provision  of
  this article.
    3.  Reports  of the results of such examinations and inspections shall
  be kept on file  by  the  commissioner  and  shall  be  open  to  public
  inspection  at the community, provided any records, reports or documents
  which by state or federal law  or  regulation  are  deemed  confidential
  shall  not  be  distributed  or  made  available  unless  and until such
  confidential status has expired.