New York Laws
Article 46 - Continuing Care Retirement Communities
4605 - Certificate of Authority; Authority of Operator.

§ 4605. Certificate of authority; authority of operator. 1. A
certificate of authority shall authorize an operator:

a. to operate a continuing care retirement community and to enter into
contracts pertaining to such community;

b. to prepare and make public information that details the terms of
any contract relating to a community;

c. to advertise the community and the related services that will be
provided pursuant to this article; and

d. to offer and execute contracts, including the collection of
entrance fees and deposits pursuant to section forty-six hundred eight
of this article.

2. a. The commissioner, in consultation with the council, may
authorize an operator of a community with an on-site or affiliated
residential health care facility to provide, for a limited period,
residential health care facility services to persons, who are not
residents of the community, provided, however, that the operator shall
not discriminate in the admission, retention or care of any such person
because such person is or will be eligible for, or receives or will
receive, medical assistance benefits pursuant to title eleven of article
five of the social services law.

b. The commissioner, in consultation with the council, may authorize
an operator of a community with an on-site or affiliated adult care
facility to provide, for a limited period, adult care facility services
to persons, who are not residents of the community, provided, however,
that the operator shall not discriminate in the admission, retention or
care of any such person because such person is or will be eligible for,
or receives or will receive, medical assistance benefits pursuant to
title eleven of article five of the social services law or supplemental
security income benefits pursuant to title sixteen of the federal social
security act and any additional state payments made under title six of
article five of the social services law.