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0 chapters · 1,805 sections in this title.
N.Y. Public Health Law § 4607 Annual statement
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§ 4607. Annual statement. 1. Within four months of close of the\noperator's fiscal year, unless an extension of time to file has been\ngranted, the operator shall file an annual statement with the\ncommissioner and superintendent showing the condition as of the last day\nof the …
N.Y. Public Health Law § 4608 Contracts
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§ 4608. Contracts. A continuing care retirement contract or continuing\ncare at home contract shall contain all of the following information in\nno less than twelve point type and in plain language, in addition to any\nother terms or matter as may be required by regulations adop…
N.Y. Public Health Law § 4608-A Continuing care at home requirements
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§ 4608-a. Continuing care at home requirements. Continuing care\nretirement communities offering continuing care at home contracts shall:\n 1. Ensure that all continuing care retirement community employees or\ncontractors providing services to continuing care at home contract\nh…
N.Y. Public Health Law § 4609 Withdrawal, death or dismissal of person; refund
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§ 4609. Withdrawal, death or dismissal of person; refund. 1. Upon the\ngiving of written notice of cancellation by certified mail of at least\nthirty days, the contract may be cancelled by a resident for any reason,\nor by an operator if the applicant has willfully mismanaged as…
N.Y. Public Health Law § 461 Permit required
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§ 461. Permit required. 1. No person shall be a body piercing\nspecialist or tattooist and no person, firm, corporation, partnership,\nor other association shall operate a body piercing studio or tattoo\nstudio without first obtaining a permit from the department.\n 2. All body …
N.Y. Public Health Law § 4610 Entrance fee escrow account
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§ 4610. Entrance fee escrow account. As a condition for approval to\nadvertise and collect refundable entry fees/deposits:\n 1. The operator shall establish an interest-bearing account with a New\nYork bank, New York savings and loan association, or New York trust\ncompany for a…
N.Y. Public Health Law § 4611 Reserves and supporting assets
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§ 4611. Reserves and supporting assets. 1. An operator shall maintain\nreserve liabilities and supporting assets in an amount and for the\npurposes set forth in a regulation issued by the superintendent of\nfinancial services. Liquid assets must be maintained for the following\n…
N.Y. Public Health Law § 4612 Residents' organizations
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§ 4612. Residents' organizations. 1. Continuing care retirement\ncontract holders shall have the right of self-organization, the right to\nbe represented by one or more individuals of their own choosing, and the\nright to engage in concerted activities for the purpose of keeping…
N.Y. Public Health Law § 4613 Advertisements
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§ 4613. Advertisements. No person, partnership, corporation, company,\ntrust or association, or any agent or employee thereof, shall publish or\ncause to be published, circulated, or disseminated any financial\nstatement, pamphlet, circular, form letter, advertisement, or other\…
N.Y. Public Health Law § 4614 Audits
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§ 4614. Audits. 1. The commissioner, or designee; and the\nsuperintendent, or designee; may at any time, and shall at least once\nevery three years, visit each community and examine the business of any\napplicant for a certificate of authority and any operator engaged in the\nex…
N.Y. Public Health Law § 4615 Revocation, suspension or annulment of certificate of authority
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§ 4615. Revocation, suspension or annulment of certificate of\nauthority. 1. The commissioner may revoke, suspend, limit or annul the\ncertificate of authority of an operator upon proof that:\n a. The operator failed to continue to meet the requirements for the\nauthority origin…
N.Y. Public Health Law § 4616 Appointment of a caretaker
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§ 4616. Appointment of a caretaker. Upon a determination by the\ncommissioner that there exists operational deficiencies in a continuing\ncare retirement community that show:\n 1. a condition or conditions in substantial violation of the standards\nfor health, safety or patient …
N.Y. Public Health Law § 4617 Receiverships
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§ 4617. Receiverships. 1. The commissioner may, upon a determination\nthat serious operational deficiencies exist or serious financial\nproblems exist and such action is desirable, enter into an agreement\nwith the operator or owners of a continuing care retirement community\nwi…
N.Y. Public Health Law § 4618 Civil action
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§ 4618. Civil action. Any person who, as or on behalf of an operator,\nenters into a contract without having first delivered to the prospective\nresident the disclosure statement and annual report required by sections\nforty-six hundred six and forty-six hundred seven of this ar…
N.Y. Public Health Law § 4619 Criminal penalties
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§ 4619. Criminal penalties. 1. A person, partnership, corporation,\ncontrolling person, or agent or employee thereof, who knowingly uses or\nemploys any act or practice in violation of this article shall be guilty\nof a class A misdemeanor.\n 2. Nothing under this article limits…
N.Y. Public Health Law § 462 Application of article
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§ 462. Application of article. 1. This article shall not apply to or\naffect a physician duly licensed under article one hundred thirty-one of\nthe education law or x-ray technicians.\n 2. This article shall not apply to, affect, or restrict the ability of\na city, town, village…
N.Y. Public Health Law § 4620 Separability
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§ 4620. Separability. If any clause, sentence, paragraph, section or\npart of this article shall be adjudged by any court of competent\njurisdiction to be invalid, the judgment shall not affect, impair or\ninvalidate the remainder thereof, but shall be confined in its operation\…
N.Y. Public Health Law § 4621 Priority reservation agreements; prior to obtaining a certificate of authority
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§ 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
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§ 4622. Priority reservation agreements; after obtaining a certificate\nof authority. The provisions of this section apply to entities that seek\napproval to enter into priority reservation agreements and to solicit,\ncollect or receive priority reservation fees, with respect to…
N.Y. Public Health Law § 4623 Long term care insurance and continuing care retirement contracts or continuing care at home contracts
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§ 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
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§ 4624. Continuing care retirement communities making assurances\nregarding long term care. 1. Nothing in this article shall obligate a\ncontinuing care retirement community to offer life care contracts;\nprovided, however, that only continuing care retirement communities\nwhich…
N.Y. Public Health Law § 463 Denial of permit; notice of hearing
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§ 463. Denial of permit; notice of hearing. The department shall,\nbefore making a final determination to deny an application for a permit,\nnotify the applicant in writing of the reasons for such proposed denial\nand shall afford the applicant an opportunity to be heard in pers…
N.Y. Public Health Law § 464 Permits; display; renewal; duplicates
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§ 464. Permits; display; renewal; duplicates. 1. All permits shall be\nfor a period of two years.\n 2. No permit shall be assignable or transferable.\n 3. Each permit issued pursuant to this article shall be posted and\nkept posted in some conspicuous place in the body piercing …
N.Y. Public Health Law § 465 Powers of the commissioner
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§ 465. Powers of the commissioner. In addition to the powers and\nduties elsewhere prescribed in this article, the commissioner shall have\npower to:\n 1. Appoint one or more officers as shall be necessary to do or perform\nin the department's place or stead the acts authorized …
N.Y. Public Health Law § 4650 Short title
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* § 4650. Short title. This article shall be known and may be cited as\nthe "Fee-for-service continuing care retirement community act".\n * NB There are 2 § 4650's\n
N.Y. Public Health Law § 4650*2 Legislative purpose and findings
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* § 4650. Legislative purpose and findings. The legislature hereby\nfinds and declares that congregate residential housing with supportive\nservices in a home-like setting, commonly known as assisted living, is\nan integral part of the continuum of long term care. Further, the\n…
N.Y. Public Health Law § 4651 Definitions
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* § 4651. Definitions. As used in this article:\n 2. "Certificates" or "certificate of authority" shall mean an\nauthorization in writing, approved and issued by the commissioner, for\nan operator to operate a fee-for-service continuing care retirement\ncommunity and to enter in…
N.Y. Public Health Law § 4651*2 Definitions
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* § 4651. Definitions. As used in this article:\n 1. "Assisted living" and "assisted living residence" means an entity\nwhich provides or arranges for housing, on-site monitoring, and personal\ncare services and/or home care services (either directly or indirectly),\nin a home-l…
N.Y. Public Health Law § 4652 Commissioner; powers and duties
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* § 4652. Commissioner; powers and duties. For the purposes of this\narticle, the commissioner shall have all the powers and duties delegated\nto him or her pursuant to section forty-six hundred three of this\nchapter.\n * NB There are 2 § 4652's\n
N.Y. Public Health Law § 4652*2 General requirements; applicability of laws to assisted living
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* § 4652. General requirements; applicability of laws to assisted\nliving. Adult homes and enriched housing programs which possess a valid\noperating certificate issued pursuant to title two of article seven of\nthe social services law, may call themselves assisted living provid…
N.Y. Public Health Law § 4653 Continuing care retirement community council; powers and duties
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* § 4653. Continuing care retirement community council; powers and\nduties. For the purposes of this article, the council shall have all the\npowers and duties delegated to its members pursuant to section forty-six\nhundred two of this chapter; provided, however, that any refere…
N.Y. Public Health Law § 4653*2 Licensure procedures and requirements for assisted living
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* § 4653. Licensure procedures and requirements for assisted living.\n1. In order to operate as assisted living, an operator shall be\nlicensed as an adult home or enriched housing program and apply and be\napproved for licensure with the commissioner pursuant to this article.\n…
N.Y. Public Health Law § 4653-A Closure of assisted living residences
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§ 4653-a. Closure of assisted living residences. 1. In the event that\nan operator of an assisted living residence elects to close and to\nsurrender an operating certificate and/or certification as an enhanced\nor special needs assisted living residence, the following provisions…
N.Y. Public Health Law § 4654 Authorization of fee-for-service continuing care retirement communities
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§ 4654. Authorization of fee-for-service continuing care retirement\ncommunities. The commissioner shall approve up to eight fee-for-service\ncontinuing care retirement communities to encourage affordable care\noptions for middle income seniors, up to two of which may be operate…
N.Y. Public Health Law § 4654*2 General requirements; applicability of laws to enhanced assisted living
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* § 4654. General requirements; applicability of laws to enhanced\nassisted living. Nothing in this article shall require a residence to\nobtain an enhanced assisted living certificate pursuant to this title\nunless such residence elects to provide aging in place by retaining\nr…
N.Y. Public Health Law § 4655 Certificate of authority required; application and approval
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* § 4655. Certificate of authority required; application and approval.\n1. No person shall construct, expand, acquire, maintain, or operate a\nfee-for-service continuing care retirement community, or enter into a\ncontract as an operator, or solicit the execution of any contract…
N.Y. Public Health Law § 4655*2 Certification procedures and requirements
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* § 4655. Certification procedures and requirements. 1.\nNotwithstanding any other provision of law, an assisted living operator\nmay apply to the department to obtain an enhanced assisted living\ncertificate pursuant to this section.\n (a) Such application shall be on a form ap…
N.Y. Public Health Law § 4656 Certificate of authority; authority of operator
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* § 4656. Certificate of authority; authority of operator. 1. A\ncertificate of authority shall authorize an operator:\n a. to operate a fee-for-service continuing care retirement community\nand to enter into contracts pertaining to such community;\n b. to prepare and make publi…
N.Y. Public Health Law § 4656*2 General requirements; applicability of laws to assisted living and enhanced assisted living
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* § 4656. General requirements; applicability of laws to assisted\nliving and enhanced assisted living. 1. No entity shall establish,\noperate, provide, conduct, or offer assisted living in this state, or\nhold itself out as an entity which otherwise meets the definition of\nass…
N.Y. Public Health Law § 4657 Initial disclosure statement
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* § 4657. Initial disclosure statement. Prior to the execution of a\ncontract, or before the transfer of any money, other than a refundable\npriority reservation fee or non-refundable priority reservation\nagreement application fee, to an operator by or on behalf of a\nprospecti…
N.Y. Public Health Law § 4657*2 Residency admission
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* § 4657. Residency admission. 1. An assisted living operator shall\nconduct an initial pre-admission evaluation of a prospective resident to\ndetermine whether or not the individual is appropriate for admission to\nthe assisted living residence. Such evaluation shall be conduct…
N.Y. Public Health Law § 4658 Annual statement
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* § 4658. Annual statement. 1. Within four months of close of an\noperator's fiscal year, unless an extension of time to file has been\ngranted, the operator shall file an annual statement with the\ncommissioner showing the condition as of the last day of the preceding\ncalendar…
N.Y. Public Health Law § 4658*2 Residency agreement and disclosures
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* § 4658. Residency agreement and disclosures. 1. Every operator shall\nexecute with each resident a written residency agreement, in no less\nthan twelve point type and written in plain language, which satisfies\nthe requirements of this section. Such agreement shall:\n (a) be d…
N.Y. Public Health Law § 4659 Fee-for-service continuing care contract
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* § 4659. Fee-for-service continuing care contract. A fee-for-service\ncontinuing care contract shall contain all of the following information\nin no less than twelve point type and in plain language, in addition to\nany other terms or matter as may be required by regulations is…
N.Y. Public Health Law § 4659*2 Individualized service plan
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* § 4659. Individualized service plan. 1. A written individualized\nservice plan shall be developed for each resident of an assisted living\nresidence upon admission.\n 2. The individualized service plan shall be developed with the\nresident, the resident's representative and re…
N.Y. Public Health Law § 466 Judicial review
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§ 466. Judicial review. The action of the commissioner in suspending,\nrevoking or refusing to issue or renew a permit or imposing any fine or\nreprimand upon the holder thereof may be reviewed by a proceeding\nbrought under and pursuant to article seventy-eight of the civil\npr…
N.Y. Public Health Law § 4660 Withdrawal, death or dismissal of person; refund
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* § 4660. Withdrawal, death or dismissal of person; refund. 1. Upon\nthe giving of written notice of cancellation by certified mail of at\nleast thirty days, the contract may be canceled by a resident for any\nreason, or by an operator if the applicant has willfully mismanaged\n…
N.Y. Public Health Law § 4660*2 Rights of residents in assisted living residences
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* § 4660. Rights of residents in assisted living residences. 1. The\nprincipals enunciated in subdivision three of this section are declared\nto be the public policy of the state and a copy of such statement of\nrights and responsibilities shall be posted conspicuously in a publ…
N.Y. Public Health Law § 4661 Consumer safeguards
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* § 4661. Consumer safeguards. The applicant shall demonstrate the\nfinancial feasibility of the facility. The operator shall provide a\nstatement of the anticipated source and application of the funds used or\nto be used in the purchase or construction of the facility, includin…
N.Y. Public Health Law § 4661*2 Resident funds
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* § 4661. Resident funds. An assisted living operator or employee of a\nresidence or any other entity which is a representative payee of a\nresident of such residence pursuant to designation by the social\nsecurity administration or which otherwise assumes management\nresponsibi…