2022 New York Laws
PBH - Public Health
Article 46 - Continuing Care Retirement Communities
4614 - Audits.

§   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 and examine the business of any
  applicant for a certificate of authority and any operator engaged in the
  execution of continuing care retirement contracts or continuing care  at
  home  contracts  or engaged in the performance of obligations under such
  contracts. Routine examinations may be  conducted  by  having  documents
  designated  by  and  submitted  to such commissioners or superintendent,
  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 such commissioners or
  superintendent 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 commissioners or superintendent, respectively, 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 health
  department, or department of financial services may,  upon  presentation
  of  proper  identification,  have  access  to,  and inspect, any records
  maintained  by  the  community  relevant  to  the  respective   agency'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 may
  not be distributed or made available unless and until such  confidential
  status has expired.