New York Laws
Article 46-A - Fee-for-Service Continuing Care Retirement Communities Demonstration Program
4667 - Audits.

§ 4667. Audits. 1. The commissioner, or his or her 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 fee-for-service
continuing care contracts or engaged in the performance of obligations
under such contracts. Routine examinations may be conducted by having
documents designated by and submitted to the commissioner, 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 the commissioner 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 commissioner 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 department
may, upon presentation of proper identification, have access to and
inspect, any records maintained by the community relevant to the
department'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
shall not be distributed or made available unless and until such
confidential status has expired.