™Your Policy Risk Impact Agent
0 chapters · 1,799 sections in this title.
N.Y. Public Health Law § 4611 Reserves and supporting assets
0.9K chars
§ 4611. Reserves and supporting assets. 1. An operator shall maintain reserve liabilities and supporting assets in an amount and for the purposes set forth in a regulation issued by the superintendent of financial services. Liquid assets must be maintained for the following rese…
N.Y. Public Health Law § 4612 Residents' organizations
0.8K chars
§ 4612. Residents' organizations. 1. Continuing care retirement contract holders shall have the right of self-organization, the right to be represented by one or more individuals of their own choosing, and the right to engage in concerted activities for the purpose of keeping in…
N.Y. Public Health Law § 4613 Advertisements
0.6K chars
§ 4613. Advertisements. No person, partnership, corporation, company, trust or association, or any agent or employee thereof, shall publish or cause to be published, circulated, or disseminated any financial statement, pamphlet, circular, form letter, advertisement, or other sal…
N.Y. Public Health Law § 4614 Audits
2.1K chars
§ 4614. Audits. 1. The commissioner, or designee; and the superintendent, or 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 execut…
N.Y. Public Health Law § 4615 Revocation, suspension or annulment of certificate of authority
3.7K chars
§ 4615. Revocation, suspension or annulment of certificate of authority. 1. The commissioner may revoke, suspend, limit or annul the certificate of authority of an operator upon proof that: a. The operator failed to continue to meet the requirements for the authority originally …
N.Y. Public Health Law § 4616 Appointment of a caretaker
1.2K chars
§ 4616. Appointment of a caretaker. Upon a determination by the commissioner that there exists operational deficiencies in a continuing care retirement community that show: 1. a condition or conditions in substantial violation of the standards for health, safety or patient care …
N.Y. Public Health Law § 4617 Receiverships
8.7K chars
§ 4617. Receiverships. 1. The commissioner may, upon a determination that serious operational deficiencies exist or serious financial problems exist and such action is desirable, enter into an agreement with the operator or owners of a continuing care retirement community with r…
N.Y. Public Health Law § 4618 Civil action
0.9K chars
§ 4618. Civil action. Any person who, as or on behalf of an operator, enters into a contract without having first delivered to the prospective resident the disclosure statement and annual report required by sections forty-six hundred six and forty-six hundred seven of this artic…
N.Y. Public Health Law § 4619 Criminal penalties
0.6K chars
§ 4619. Criminal penalties. 1. A person, partnership, corporation, controlling person, or agent or employee thereof, who knowingly uses or employs any act or practice in violation of this article shall be guilty of a class A misdemeanor. 2. Nothing under this article limits the …
N.Y. Public Health Law § 462 Application of article
0.9K chars
§ 462. Application of article. 1. This article shall not apply to or affect a physician duly licensed under article one hundred thirty-one of the education law or x-ray technicians. 2. This article shall not apply to, affect, or restrict the ability of a city, town, village, or …
N.Y. Public Health Law § 4620 Separability
0.4K chars
§ 4620. Separability. If any clause, sentence, paragraph, section or part of this article shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to …
N.Y. Public Health Law § 4621 Priority reservation agreements; prior to obtaining a certificate of authority
15.6K chars
§ 4621. Priority reservation agreements; prior to obtaining a\ncertificate of authority. The provisions of this section shall apply to\nentities that seek approval to enter into priority reservation\nagreements and to solicit, collect or receive priority reservation fees,\nwith …
N.Y. Public Health Law § 4622 Priority reservation agreements; after obtaining a certificate of authority
11.7K chars
§ 4622. Priority reservation agreements; after obtaining a certificate of authority. The provisions of this section apply to entities that seek approval to enter into priority reservation agreements and to solicit, collect or receive priority reservation fees, with respect to a …
N.Y. Public Health Law § 4623 Long term care insurance and continuing care retirement contracts or continuing care at home contracts
3.6K chars
§ 4623. Long term care insurance and continuing care retirement\ncontracts or continuing care at home contracts. 1. The commissioner may\napprove an application for a certificate of authority and may issue a\ncertificate of authority for the establishment and operation of a\ncon…
N.Y. Public Health Law § 4624 Continuing care retirement communities making assurances regarding long term care
1.9K chars
§ 4624. Continuing care retirement communities making assurances regarding long term care. 1. Nothing in this article shall obligate a continuing care retirement community to offer life care contracts; provided, however, that only continuing care retirement communities which off…
N.Y. Public Health Law § 463 Denial of permit; notice of hearing
1.4K chars
§ 463. Denial of permit; notice of hearing. The department shall, before making a final determination to deny an application for a permit, notify the applicant in writing of the reasons for such proposed denial and shall afford the applicant an opportunity to be heard in person …
N.Y. Public Health Law § 464 Permits; display; renewal; duplicates
1.3K chars
§ 464. Permits; display; renewal; duplicates. 1. All permits shall be for a period of two years. 2. No permit shall be assignable or transferable. 3. Each permit issued pursuant to this article shall be posted and kept posted in some conspicuous place in the body piercing studio…
N.Y. Public Health Law § 465 Powers of the commissioner
0.8K chars
§ 465. Powers of the commissioner. In addition to the powers and duties elsewhere prescribed in this article, the commissioner shall have power to: 1. Appoint one or more officers as shall be necessary to do or perform in the department's place or stead the acts authorized by th…
N.Y. Public Health Law § 4650 Short title
0.2K chars
* § 4650. Short title. This article shall be known and may be cited as the "Fee-for-service continuing care retirement community act". * NB There are 2 § 4650's
N.Y. Public Health Law § 4650*2 Legislative purpose and findings
1.2K chars
* § 4650. Legislative purpose and findings. The legislature hereby finds and declares that congregate residential housing with supportive services in a home-like setting, commonly known as assisted living, is an integral part of the continuum of long term care. Further, the phil…
N.Y. Public Health Law § 4651 Definitions
5.3K chars
* § 4651. Definitions. As used in this article: 2. "Certificates" or "certificate of authority" shall mean an authorization in writing, approved and issued by the commissioner, for an operator to operate a fee-for-service continuing care retirement community and to enter into fe…
N.Y. Public Health Law § 4651*2 Definitions
8.8K chars
* § 4651. Definitions. As used in this article: 1. "Assisted living" and "assisted living residence" means an entity which provides or arranges for housing, on-site monitoring, and personal care services and/or home care services (either directly or indirectly), in a home-like s…
N.Y. Public Health Law § 4652 Commissioner; powers and duties
0.2K chars
* § 4652. Commissioner; powers and duties. For the purposes of this article, the commissioner shall have all the powers and duties delegated to him or her pursuant to section forty-six hundred three of this chapter. * NB There are 2 § 4652's
N.Y. Public Health Law § 4652*2 General requirements; applicability of laws to assisted living
0.5K chars
* § 4652. General requirements; applicability of laws to assisted living. Adult homes and enriched housing programs which possess a valid operating certificate issued pursuant to title two of article seven of the social services law, may call themselves assisted living provided …
N.Y. Public Health Law § 4653 Continuing care retirement community council; powers and duties
0.5K chars
* § 4653. Continuing care retirement community council; powers and duties. For the purposes of this article, the council shall have all the powers and duties delegated to its members pursuant to section forty-six hundred two of this chapter; provided, however, that any reference…
N.Y. Public Health Law § 4653*2 Licensure procedures and requirements for assisted living
8.3K chars
* § 4653. Licensure procedures and requirements for assisted living. 1. In order to operate as assisted living, an operator shall be licensed as an adult home or enriched housing program and apply and be approved for licensure with the commissioner pursuant to this article. The …
N.Y. Public Health Law § 4653-A Closure of assisted living residences
4.5K chars
§ 4653-a. Closure of assisted living residences. 1. In the event that an operator of an assisted living residence elects to close and to surrender an operating certificate and/or certification as an enhanced or special needs assisted living residence, the following provisions sh…
N.Y. Public Health Law § 4654 Authorization of fee-for-service continuing care retirement communities
0.3K chars
§ 4654. Authorization of fee-for-service continuing care retirement communities. The commissioner shall approve up to eight fee-for-service continuing care retirement communities to encourage affordable care options for middle income seniors, up to two of which may be operated b…
N.Y. Public Health Law § 4654*2 General requirements; applicability of laws to enhanced assisted living
0.4K chars
* § 4654. General requirements; applicability of laws to enhanced assisted living. Nothing in this article shall require a residence to obtain an enhanced assisted living certificate pursuant to this title unless such residence elects to provide aging in place by retaining resid…
N.Y. Public Health Law § 4655 Certificate of authority required; application and approval
13.4K chars
* § 4655. Certificate of authority required; application and approval. 1. No person shall construct, expand, acquire, maintain, or operate a fee-for-service continuing care retirement community, or enter into a contract as an operator, or solicit the execution of any contract fo…
N.Y. Public Health Law § 4655*2 Certification procedures and requirements
5.9K chars
* § 4655. Certification procedures and requirements. 1. Notwithstanding any other provision of law, an assisted living operator may apply to the department to obtain an enhanced assisted living certificate pursuant to this section. (a) Such application shall be on a form approve…
N.Y. Public Health Law § 4656 Certificate of authority; authority of operator
2.1K chars
* § 4656. Certificate of authority; authority of operator. 1. A certificate of authority shall authorize an operator: a. to operate a fee-for-service continuing care retirement community and to enter into contracts pertaining to such community; b. to prepare and make public info…
N.Y. Public Health Law § 4656*2 General requirements; applicability of laws to assisted living and enhanced assisted living
10.0K chars
* § 4656. General requirements; applicability of laws to assisted living and enhanced assisted living. 1. No entity shall establish, operate, provide, conduct, or offer assisted living in this state, or hold itself out as an entity which otherwise meets the definition of assiste…
N.Y. Public Health Law § 4657 Initial disclosure statement
8.8K chars
* § 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 r…
N.Y. Public Health Law § 4657*2 Residency admission
3.3K chars
* § 4657. Residency admission. 1. An assisted living operator shall conduct an initial pre-admission evaluation of a prospective resident to determine whether or not the individual is appropriate for admission to the assisted living residence. Such evaluation shall be conducted …
N.Y. Public Health Law § 4658 Annual statement
2.1K chars
* § 4658. Annual statement. 1. Within four months of close of an operator's fiscal year, unless an extension of time to file has been granted, the operator shall file an annual statement with the commissioner showing the condition as of the last day of the preceding calendar or …
N.Y. Public Health Law § 4658*2 Residency agreement and disclosures
6.3K chars
* § 4658. Residency agreement and disclosures. 1. Every operator shall execute with each resident a written residency agreement, in no less than twelve point type and written in plain language, which satisfies the requirements of this section. Such agreement shall: (a) be dated …
N.Y. Public Health Law § 4659 Fee-for-service continuing care contract
4.7K chars
* § 4659. Fee-for-service continuing care contract. A fee-for-service continuing care contract shall contain all of the following information in no less than twelve point type and in plain language, in addition to any other terms or matter as may be required by regulations issue…
N.Y. Public Health Law § 4659*2 Individualized service plan
1.4K chars
* § 4659. Individualized service plan. 1. A written individualized service plan shall be developed for each resident of an assisted living residence upon admission. 2. The individualized service plan shall be developed with the resident, the resident's representative and residen…
N.Y. Public Health Law § 466 Judicial review
0.3K chars
§ 466. Judicial review. The action of the commissioner in suspending, revoking or refusing to issue or renew a permit or imposing any fine or reprimand upon the holder thereof may be reviewed by a proceeding brought under and pursuant to article seventy-eight of the civil practi…
N.Y. Public Health Law § 4660 Withdrawal, death or dismissal of person; refund
1.4K chars
* § 4660. Withdrawal, death or dismissal of person; refund. 1. Upon the giving of written notice of cancellation by certified mail of at least thirty days, the contract may be canceled by a resident for any reason, or by an operator if the applicant has willfully mismanaged asse…
N.Y. Public Health Law § 4660*2 Rights of residents in assisted living residences
4.6K chars
* § 4660. Rights of residents in assisted living residences. 1. The principals enunciated in subdivision three of this section are declared to be the public policy of the state and a copy of such statement of rights and responsibilities shall be posted conspicuously in a public …
N.Y. Public Health Law § 4661 Consumer safeguards
2.3K chars
* § 4661. Consumer safeguards. The applicant shall demonstrate the financial feasibility of the facility. The operator shall provide a statement of the anticipated source and application of the funds used or to be used in the purchase or construction of the facility, including: …
N.Y. Public Health Law § 4661*2 Resident funds
0.5K chars
* § 4661. Resident funds. An assisted living operator or employee of a residence or any other entity which is a representative payee of a resident of such residence pursuant to designation by the social security administration or which otherwise assumes management responsibility…
N.Y. Public Health Law § 4662 Entrance fee escrow account
3.4K chars
* § 4662. Entrance fee escrow account. As a condition for approval to advertise and collect refundable entry fees/deposits: 1. The operator shall establish an interest-bearing account with a New York state bank, New York state savings and loan association, or New York state trus…
N.Y. Public Health Law § 4662*2 Powers of the commissioner
1.2K chars
* § 4662. Powers of the commissioner. 1. The commissioner is hereby authorized to: (a) develop, in consultation with the director of the state office for the aging, consumers, operators of assisted living residences and home care service agency providers, a consumer information …
N.Y. Public Health Law § 4663 Release of escrowed funds to the operator
4.4K chars
* § 4663. Release of escrowed funds to the operator. Escrowed funds shall not be released to the operator unless: 1. construction or purchase of the community or an approved phase of a community has been substantially completed, an occupancy permit covering the living unit has b…
N.Y. Public Health Law § 4663*2 Penalties and enforcement
0.4K chars
* § 4663. Penalties and enforcement. Any person who violates any provision of this article or any rule or regulation promulgated by the department, or the terms or conditions of any order or permit issued by the department pursuant to this article, shall be subject to the maximu…
N.Y. Public Health Law § 4664 Asset reserves
1.0K chars
§ 4664. Asset reserves. An operator shall maintain reserve liabilities and supporting assets in an amount for the purposes set forth in a regulation issued by the commissioner. Liquid assets shall be maintained for the following reserve liabilities: 1. Fifteen percent of the pro…
N.Y. Public Health Law § 4665 Residents' organizations
0.9K chars
§ 4665. Residents' organizations. 1. Residents living in a community authorized by this article shall have the right of self-organization, the right to be represented by one or more individuals of their own choosing, and the right to engage in concerted activities for the purpos…