2013 New York Consolidated Laws
PBH - Public Health
Article 46 - (4600 - 4624) CONTINUING CARE RETIREMENT COMMUNITIES
4603 - Commissioner; powers and duties.

 
    §   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.