All Roll Calls
Yes: 217 • No: 0
New YorkS 45852025-2026 Regular SessionSenateWALLET
Promotes efficient and effective oversight of continuing care retirement communities; repealer
Sponsored By: Cordell Cleare (Democratic)
Signed by Governor
HEALTHWAYS AND MEANS
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Bill Overview
Analyzed Economic Effects
12 provisions identified: 4 benefits, 1 costs, 7 mixed.
Clearer care disclosures for prospective seniors
Approved fee-for-service continuing care communities must provide a plain-language information sheet in 12-point type. The sheet needs Department of Health approval, must accompany marketing materials, and must be attached to the initial disclosure statement. The Health Commissioner sets rules for these sheets and fee-for-service contract information. The Commissioner may also require more annual-statement information to assess community finances and operator management.
Court managers for troubled senior communities
The Health Commissioner may agree with owners or operators to appoint a receiver for serious operating or financial problems. When a community's certificate is revoked or suspended, including temporarily, the Commissioner must seek receivership and the court must appoint a receiver. Where reasonably possible, the receiver must hold a valid certificate; any certificate for the receiver-run community cannot outlast receivership. Repeated health, safety, or patient-care violations at fee-for-service communities require certificate-enforcement action. The Commissioner must also seek a court-appointed caretaker when that appointment serves the public interest.
Stronger enforcement for unsafe senior communities
New York's Health Commissioner can revoke, suspend, limit, or annul an operator's certificate for proven legal grounds. Grounds include insolvency, fraud, misconduct, repeated violations, and threats to resident health or safety. Operators generally receive a hearing first, and other state agencies must ask the Commissioner to begin certificate-enforcement hearings. Before a hearing, suspension or limits require written notice and imminent danger to public or resident health or safety. These temporary actions last up to 60 days, with the clock paused for operator-caused delays.
Financial reserves protect senior care communities
Continuing care retirement communities must maintain financial reserves and assets backing those reserves under Health Commissioner rules. Rules may require liquid assets covering up to 12 months of principal, interest, taxes, and insurance. They may also cover up to six months of operating costs and 12 months of repairs and replacements. The Commissioner sets exact amounts, cash-flow requirements, and standards for the assets.
Annual state fees for care operators
New York's Health Commissioner may charge continuing care operators an annual regulatory fee. The fee cannot exceed $50 per approved living unit. It supports application reviews, inspections, regulation, supervision, and audits. The law does not set the actual fee or require residents to pay it.
Care fee changes face state review
New York's Health Commissioner reviews continuing care communities' finances, contracts, care fees, and methods for setting fees. Monthly fee changes within relevant cost indices can take effect without specific approval after advance notice to the Commissioner. Contract amendments and fee changes outside the approved pricing rules need approval. Operators must file annual statements within four months after their fiscal year ends, unless granted an extension. The Commissioner may charge a late fee for overdue filings under Public Health Law section 4607 without an extension.
Refund protections for seniors reserving care
Authorized priority reservation agreements must allow cancellation, and reservation fees must be refundable and held in escrow. Reservation fees are capped at $2,000 unless New York's Health Commissioner allows more. The Commissioner also sets the maximum application fee, which is non-refundable. Before a community gets its operating certificate, reservation agreements and fee collection require written authorization. If escrow funds are not released by the state-set deadline, the escrow agent must return the money and interest.
State review limits senior care-at-home contracts
Continuing care communities can offer care-at-home contracts only after the Health Commissioner approves a change to their operating certificate. Applications need a business plan, proposed contract, independent actuarial study, market feasibility study, and other required department materials. Operators must prove that all current continuing care retirement contract holders received notice. Contract numbers are generally limited by approved independent-living units and adult-care and skilled-nursing capacity, subject to approval of additional contracts. The Commissioner also sets limits and conditions based on financial effects.
Health commissioner leads senior community oversight
New York's Health Commissioner leads continuing care retirement community oversight, application coordination, rulemaking, and enforcement. The community council advises on policy and research. The Commissioner must visit each community at least once every three years; health department staff can inspect relevant records without notice. The Commissioner approves or rejects operating certificate applications after applicants meet the required legal standards. The law removes the former 60-day decision deadline without setting a replacement.
Senior care operators gain insurance exemptions
Organizations following Article 46 of New York's Public Health Law can operate without an insurance license. They are exempt from Insurance Law requirements unless Article 46 requires compliance. The law removes specified insurance-agency oversight of financial feasibility, actuarial principles, contracts, rates, and Insurance Law Article 74.
Limited approvals for affordable senior communities
The Health Commissioner can approve up to eight fee-for-service continuing care communities intended to expand affordable choices for middle-income seniors. No more than two can be run by for-profit entities, and applications must meet statutory standards. Changes in the operating legal entity or controlling person need approval like a new application. For ownership changes, the Commissioner may waive irrelevant information, and continued public need is presumed. The law removes the 60-day decision deadline without setting a new one.
Simpler building reviews, financing still checked
Qualifying on-site or affiliated care facilities serving continuing care residents no longer need recommendations from two health planning bodies. Those bodies are the Public Health and Health Planning Council and the area's health systems agency. The exemption applies only within the statewide bed total set by law. Developers seeking industrial development agency financing for a continuing care community must get Health Commissioner approval before financing begins. The Commissioner handles the related review, oversight, and authorization certificate.
Sponsors & Cosponsors
Sponsor
Cordell Cleare
Democratic • Senate
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
House vote • 6/11/2025
Assembly floor vote
Yes: 146 • No: 0
Senate vote • 6/4/2025
FLOOR Vote
Yes: 58 • No: 0
committee vote • 5/13/2025
Health Committee Vote
Yes: 13 • No: 0
Actions Timeline
APPROVAL MEMO.70
12/19/2025SenateSIGNED CHAP.691
12/19/2025SenateDELIVERED TO GOVERNOR
12/8/2025SenateRETURNED TO SENATE
6/11/2025HousePASSED ASSEMBLY
6/11/2025HouseORDERED TO THIRD READING RULES CAL.603
6/11/2025HouseSUBSTITUTED FOR A1464A
6/11/2025HouseREFERRED TO WAYS AND MEANS
6/4/2025HouseDELIVERED TO ASSEMBLY
6/4/2025SenatePASSED SENATE
6/4/2025SenateADVANCED TO THIRD READING
5/15/2025Senate2ND REPORT CAL.
5/14/2025Senate1ST REPORT CAL.1088
5/13/2025SenateREFERRED TO HEALTH
2/7/2025Senate
Bill Text
Original
2/7/2025
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