New York Laws
Article 46-A - Fee-for-Service Continuing Care Retirement Communities Demonstration Program
4657 - Initial Disclosure Statement.

* § 4657. Initial disclosure statement. Prior to the execution of a
contract, or before the transfer of any money, other than a refundable
priority reservation fee or non-refundable priority reservation
agreement application fee, to an operator by or on behalf of a
prospective resident, whichever occurs first, the operator shall deliver
to the person with whom the contract is to be entered into, or the
person's legal representative, the most recent annual statement as
required by section forty-six hundred fifty-eight of this article, and
an initial disclosure statement which contains the following:

1. The information contained in the contract, unless a copy of such
contract is attached to and made a part of the initial disclosure
statement, together with full disclosure of the use of any fees and
charges in connection with the contract, including entrance fees;

2. The information required in paragraph h and subparagraphs (ii),
(iii) and (iv) of paragraph i of subdivision two of section forty-six
hundred fifty-five of this article;

3. The name and business address of the provider and a statement of
whether the provider is an individual, partnership, corporation, or
other legal entity;

4. The name and address of any person whose name is required to be
provided pursuant to subdivisions two and three of this section and any
professional service, firm, association, foundation, trust, partnership,
corporation, or any other business or legal entity in which such person
has, or which has in such person, a ten percent or greater interest and
which it is presently intended will or may provide goods, leases, or
services to the provider of a value of five hundred dollars or more,
within any year, including a description of the goods, leases or
services and the probable or anticipated cost thereof to the provider;

5. If the facility is to be operated by a manager:

a. the identities of any other facilities managed by said individual
or entity and a copy of the agreement currently in effect or to be
entered into between the provider and the manager for the operation of
the facility;

b. if the manager is incorporated or established and operated on a
for-profit basis, the identity of all individuals or entities holding
any ownership or beneficial interest in the manager, and fees or any
other compensation anticipated to be paid by the provider to the manager
for the operation of the facility; and

c. the method by which the manager was chosen to manage the facility
and, if the manager was chosen because of a condition in a mortgage
commitment to the provider, the identity of the mortgagee requiring the
condition in the commitment;

6. A description of the proposed or existing facility, including the
location, size and anticipated completion date, if not completed;

7. A statement as to whether the applicant was or is affiliated, or
has a contractual relationship, with a religious, charitable, or other
nonprofit organization, the extent of any such affiliation or
contractual relationship, and the extent to which the nonprofit
organization will be responsible for the financial and contractual
obligations of the applicant;

8. If the facility is already in operation or if the applicant
operates one or more similar facilities within or outside of this state,
a statement of the changes in the scope of or the rates for care or
services provided, including tables showing the frequency and average
dollar amount of each increase in periodic rates at each such facility
for the previous five years or such shorter period as the facility may
have been operated by the provider;

9. If the applicant is the subsidiary corporation or the affiliate of
another corporation, a statement identifying the parent corporation or
the other affiliate corporation, the primary activities of such parent,
or other affiliate corporation, the interest in the applicant held by
such parent or other affiliate corporation, and the extent to which the
parent corporation will be responsible for the financial and contractual
obligations of the subsidiary;

10. The most recent financial statement of the provider prepared in
accordance with generally accepted accounting principles applied on a
consistent basis and certified by an independent certified or public
accountant, including a balance sheet as of the end of the provider's
last fiscal year and income statements for the last two fiscal years, or
such shorter period of time as the provider has been in operation;

11. If construction, lease, rental, or purchase of the facility has
not yet been completed, a statement of the anticipated source and
application of the funds to be used in such purchase, lease, rental, or
construction, including but not limited to:

a. an estimate of the cost of purchasing, leasing, renting,
constructing and equipping the facility, including, but not limited to,
such related costs as financing expenses, legal expenses, land costs,
occupancy development costs, and all other similar costs that the
provider expects to incur or become obligated for prior to the
commencement of occupancy;

b. an estimate of the total entrance fees to be received from
residents upon completion of occupancy;

c. a description of any mortgage loan or the other long-term financing
intended to be used for the financing of the facility, including the
anticipated terms and costs of such financing;

d. an estimate of any funds which are anticipated to be necessary to
fund start-up losses and to assure full performance of the obligations
of the operator pursuant to fee-for-service continuing care contracts
including, but not limited to, any reserves required pursuant to section
forty-six hundred sixty-four of this article;

e. a projection of estimated income from fees and charges other than
entrance fees, a description of individual rates anticipated to be
charged, and the assumptions used for calculating the estimated
occupancy rate of the facility;

f. a projection of estimated operating expenses of the facility,
including a description of the assumptions used in calculating the
expenses and separate allowances, if any, the replacement of equipment
and furnishings and any anticipated major structural repairs or
additions;

g. identification of assets pledged as collateral for any purpose; and

h. an estimate of assets pledged as collateral for any purpose;

12. A statement indicating community residents who are enrolled in a
health maintenance organization may have nursing facility benefits under
both the health maintenance organization subscriber contract and the
fee-for-service continuing care contract. Such statement shall also
indicate that if the health maintenance organization and the community
cannot reach an agreement on appropriate financial arrangements, then
the resident may have to be admitted to a facility approved by the
health maintenance organization in order to receive their Medicare
benefit for nursing facility services under the health maintenance
organization subscriber contract;

13. The initial disclosure statement and marketing materials of a
community must clearly include a description of the services offered as
part of its contract, and must clearly differentiate among the various
types of contracts which it offers;

14. In accordance with regulations promulgated by the council, the
operator shall prepare a standard information sheet for each approved
fee-for-service continuing care retirement community, which must be
approved by the department, distributed with the community's marketing
materials and attached to the initial disclosure statement prepared in
accordance with this section. The standard information sheet shall be
prepared in plain language and in twelve point type and shall include,
but shall not be limited to the following information:

a. a brief description of the community, including its name and
location and amenities and services available;

b. the name, address, and telephone number of the operator and a
contact person employed by the operator;

c. the number and types of independent living units, adult care
facility units and nursing home beds and whether such beds are on-site
or off-site;

d. the types of contracts available;

e. a listing of all fees, charges, and refund options and the services
covered by such fees and charges;

f. any insurance coverage required of residents; and

g. any other information which the council determines will assist a
consumer in comparing the benefits and costs of different continuing
care retirement communities and fee-for-service continuing care
retirement communities; and

15. Any other information as may be required by regulations
promulgated by the council.

* NB There are 2 § 4657's