New York Laws
Article 46 - 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.