reglab/housing_qa huggingface dataset:
NY Pub Health L § 4660 (2021)
2021 New York Laws PBH - Public Health Article 46-A - Fee-for-Service Continuing Care Retirement Communities Demonstration Program 4660 - Withdrawal, Death or Dismissal of Person; Refund.

* §  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   assets  needed  to  pay  monthly  care  fees.  A  resident  shall not be   discharged for inability to pay the monthly fee except where  a  showing   of  the  willful mismanagement of assets needed to pay monthly care fees   has been made.2. If the notice required by subdivision one of this section is  given   within  the first ninety days of occupancy, the resident shall receive a   refund of not less than the entry fee and any  other  pre-payments  less   the actual cost of any services actually provided and the actual cost of   refurbishing  the  unit  for  resale.  After  the  first  ninety days of   occupancy, any refund shall be not less than the  entrance  fee,  except   that  the  operator  may  retain  no  more than two percent per month of   occupancy by the resident of such fee and no more than  a  four  percent   fee for processing.3.  Refunds  upon death will be made on the same basis as refunds upon   withdrawal.4. Any refund made pursuant to this section shall  be  paid  no  later   than  thirty  days after the formerly occupied unit has been resold, but   in no event later than one year after the  formerly  occupied  unit  has   been vacated.* NB There are 2 § 4660's
NY Pub Health L § 4661 (2021)
2021 New York Laws PBH - Public Health Article 46-A - Fee-for-Service Continuing Care Retirement Communities Demonstration Program 4661 - Consumer Safeguards.

* §  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:1. An estimate of the cost of purchasing or constructing and equipping   the  facility,  which includes related costs such as financing expenses,   legal expenses, land costs, marketing and development  costs  and  other   similar cost the provider expects to incur or become obligated for prior   to the commencement of operations;2.  A  description  of  any mortgage loan or other long-term financing   intended  to  be  used  for  the  financing  of  the  facility  and  the   anticipated terms and costs of financing;3.  An  estimate  of  the total amount of entrance fees to be received   from or on behalf of residents at or prior to commencement of  operation   of the facility;4.  An  estimate  of  the  funds,  if any, which are anticipated to be   necessary to fund start-up losses, and provide reserve funds  to  assure   full  performance of the obligations of the provider under contracts for   the provision of continuing care;5. A projection of estimated income from fees and charges  other  than   entrance  fees,  a  description  of  individual  rates anticipated to be   charged, the assumptions used for calculating  the  estimated  occupancy   rate  of  the  facility  and the effect on the income of the facility of   government subsidies, if any, for health care services provided pursuant   to the contracts for fee-for-service continuing care;6. 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;7. Identification of assets pledged as collateral for any purpose;8. An estimate of annual payments or principal and  interest  required   by any mortgage loan or other long-term financing; and9.  Such  other  material  information  concerning the facility or the   operator as required by the  commissioner  or  as  agreed  upon  by  the   operator and the prospective resident.* NB There are 2 § 4661's
NY Pub Health L § 4664 (2021)
2021 New York Laws PBH - Public Health Article 46-A - Fee-for-Service Continuing Care Retirement Communities Demonstration Program 4664 - Asset Reserves.

§ 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 projected annual operating expenses  of  the   facility, exclusive of depreciation.2.  A  provider  shall notify the commissioner in writing at least ten   days prior to reducing the amount of  funds  available  to  satisfy  the   applicable  liquid reserve requirement. A provider shall not expend more   than one-half of the required balance each calendar year.3. A provider may use funds in an endowment fund  or  escrow  account,   including  an  escrow  account  established by or pursuant to a mortgage   loan, bond, indenture or  other  long-term  financing,  to  satisfy  the   reserve requirements of this section, if the funds are available to make   payments when operating funds are insufficient for these purposes.
NY Pub Health L § 4665 (2021)
2021 New York Laws PBH - Public Health Article 46-A - Fee-for-Service Continuing Care Retirement Communities Demonstration Program 4665 - Residents' Organizations.

§  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   purpose  of  keeping informed of the operation of the community in which   they live.2. The board of directors, a designated representative, or other  such   governing body of a fee-for-service continuing care retirement community   shall  meet  at  least four times a year with residents' representatives   and shall hold a general meeting of all residents once a  year  for  the   purpose  of  discussing  subjects  including,  but  not  limited to, the   financial position of the community, the quality of  social  and  health   services  at  the  community,  and  any  proposed  changes  in policies,   programs or services.
NY Pub Health L § 4666 (2021)
2021 New York Laws PBH - Public Health Article 46-A - Fee-for-Service Continuing Care Retirement Communities Demonstration Program 4666 - Advertisements.

§  4666. 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   sales literature or advertising communication addressed or intended  for   distribution to prospective residents of fee-for-service continuing care   retirement  communities  that  contains statements or illustrations that   are untrue, deceptive, misleading, or omit material facts  or  omit  any   other   information   required   by   regulations   appropriate   to   a   fee-for-service continuing care retirement community.
NY Pub Health L § 4667 (2021)
2021 New York Laws PBH - Public Health 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.
NY Pub Health L § 4669 (2021)
2021 New York Laws PBH - Public Health Article 46-A - Fee-for-Service Continuing Care Retirement Communities Demonstration Program 4669 - Appointment of a Caretaker.

§  4669.  Appointment  of  a  caretaker.  Upon  a determination by the   council that there exists operational deficiencies in a  fee-for-service   continuing care retirement community that show:1.  there  exists  in  the  facility a pattern or practice of habitual   violation of the standards of health, safety or patient care established   under federal or state law or regulations, the council  shall  take  the   actions  prescribed  by  section  forty-six  hundred sixty-eight of this   article, and, where the council deems it to be in the  public  interest,   the  council  may  request  the  commissioner,  and  upon request of the   council  the  commissioner  shall,  petition  a   court   of   competent   jurisdiction  to  appoint a caretaker as defined in section twenty-eight   hundred one of this chapter. The  petition,  the  proceedings,  and  the   procedures  for  appointment  of  a  caretaker  shall be governed by the   provisions of section forty-six hundred seventy of this article, and the   power, duties and rights of  a  caretaker  appointed  pursuant  to  such   section  shall  be  the  same as those authorized by subdivision four of   such section; or2. a condition or conditions in substantial violation of the standards   for health, safety or patient care established under  federal  or  state   law or regulations.
NY Pub Health L § 4671 (2021)
2021 New York Laws PBH - Public Health Article 46-A - Fee-for-Service Continuing Care Retirement Communities Demonstration Program 4671 - Civil Action.

§  4671. 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 fifty-seven and forty-six hundred fifty-eight of  this   article;  or delivers to the prospective resident a disclosure statement   or annual report that omits a  material  fact  or  makes  an  untrue  or   misleading  statement of material fact shall be liable to the individual   contracting for services pursuant  to  such  contract  for  damages  and   repayment  of  all  entrance, application, periodic charge or other fees   paid by such person, less  the  reasonable  cost  of  care  and  housing   provided  until discovery of the violation or until the violation should   reasonably have been  discovered,  together  with  interest,  costs  and   reasonable attorney's fees.
NY Pub Health L § 4672 (2021)
2021 New York Laws PBH - Public Health Article 46-A - Fee-for-Service Continuing Care Retirement Communities Demonstration Program 4672 - Criminal Penalties.

§  4672.  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 shall be deemed to limit the power of   the state to punish any person for any conduct which also constitutes  a   separate crime under any other statute.3.  The  council  may  refer  such evidence as is available concerning   violations of this article to the appropriate district attorney who may,   with  or  without  such  reference,   institute   appropriate   criminal   proceedings.
NY Pub Health L § 4673 (2021)
2021 New York Laws PBH - Public Health Article 46-A - Fee-for-Service Continuing Care Retirement Communities Demonstration Program 4673 - Separability.

§  4673.  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 the clause, sentence, paragraph, section  or  part  of  this  article   directly  involved  in  the controversy in which the judgment shall have   been rendered.
NY Pub Health L § 4676 (2021)
2021 New York Laws PBH - Public Health Article 46-A - Fee-for-Service Continuing Care Retirement Communities Demonstration Program 4676 - Industrial Development Agency Financing.

§  4676.  Industrial  development  agency  financing.  Fee-for-service   continuing  care  retirement  communities  developed  pursuant  to  this   article  shall  be  eligible  for  industrial  development  financing in   accordance with section forty-six hundred four-a of this chapter  except   for  paragraphs b and g of subdivision two of such section and financing   by any public benefit corporation authorized to make loans to continuing   care retirement communities under  the  laws  of  this  state  provided,   however, the operator of such fee-for-service continuing care retirement   community   has   demonstrated  capability  to  comply  fully  with  the   requirements  for  a  certificate  of  authority  and  has  obtained   a   contingent  certificate  of  authority  pursuant  to  section  forty-six   hundred fifty-five of this article and the operator has agreed  to  meet   the requirements of article eighteen-A of the general municipal law.
NY Pub Health L § 4700 (2021)
2021 New York Laws PBH - Public Health Article 47 - Shared Health Facilities 4700 - Statement of Legislative Findings and Intent.

§  4700. Statement of legislative findings and intent. The legislature   hereby finds that the provision of health care  in  shared  health  care   facilities  has  become  an  important source of health services in this   state and that such facilities are important mechanisms for the delivery   of health care services which have largely been created by  the  funding   provisions of the state program of medical assistance for needy persons.   The  legislature also finds and declares that certain practices exist in   the medical assistance program which have resulted in  abuses  requiring   the  regulation  of  shared  health  facilities. The legislature further   declares it to be the public policy of  the  state  to  regulate  shared   health facilities and to set necessary standards for review of practices   and care rendered in those facilities.
NY Pub Health L § 4704 (2021)
2021 New York Laws PBH - Public Health Article 47 - Shared Health Facilities 4704 - Shared Health Facilities; Registration.

§  4704.  Shared  health facilities; registration. 1. No shared health facility shall be operated unless the owner of the premises in which the shared health facility is located or, if  the  structure  in  which  the shared  health  facility is located has been leased pursuant to a lease, the lessee, shall:  (a) possess a valid registration issued pursuant to this article which registration may specify the kind or kinds of services the  facility  is authorized to provide; and  (b)  establish  and  maintain  a  uniform system of reports and audits meeting the requirements of the commissioner.   2. Application for a registration for a shared health  facility  shall be  made  upon  such  forms  and  at  such  times  as  prescribed by the department.  The application shall contain:  (i) the name of the facility;  (ii) the kind or kinds of service to be provided;  (iii) the location and physical description of the facility;  (iv) the name and residence address of every  person,  partnership  or corporation  having  any  financial interest in the ownership (including leasehold ownership) of the facility and  the  structure  in  which  the facility is located;  (v)  the  name  and  residence address of every person, partnership or corporation holding any mortgage, lien, leasehold or any other  security interest  in  the  shared health facility or in any equipment located in and used in connection with  a  shared  health  facility,  and  a  brief description of such lien or security interest;  (vi)  the  name,  residence address and professional license number of every practitioner participating in the shared health facility;  (vii) the name and residence address of the individual  designated  to assume responsibility for the central coordination and management of the activities of the shared health facility; and  (viii) such other information as the department may require.   3.  Any  person  who operates a shared health facility without a valid registration issued pursuant to this article  shall  be  liable  to  the people  of  the  state  for  a  civil penalty not to exceed ten thousand dollars for every such violation.
NY Pub Health L § 4706 (2021)
2021 New York Laws PBH - Public Health Article 47 - Shared Health Facilities 4706 - Shared Health Facilities; Required Notification.

§  4706.  Shared  health  facilities; required notification. 1.   Each operator shall notify the department within fifteen days of  any  change in:  (a)  the  persons,  partnerships  or corporations having any financial interest in the ownership (including leasehold ownership) of the  shared health facility, or  (b)  the  persons,  partnerships or corporations holding any mortgage, lien, leasehold or any other security interests  in  the  shared  health facility  or  in  any equipment located in and used in connection with a shared health facility.  A  statement  of  the  monetary  and  repayment provisions  of  that  lien  or  security  interest  shall accompany such notification.   2. Each operator shall notify the department within  fifteen  days  of the  termination  of the services of the individual designated to assume responsibility for coordination and management of the activities of  the shared   health  facility,  and  of  the  name,  residence  address  and professional qualifications of any new individual  appointed  to  assume such central administrative responsibility.   3.  Each  operator  shall notify the department within fifteen days of any termination of the services of any practitioner in the shared health facility, and of the name, residence address and license number of  each practitioner newly participating in the facility.
NY Pub Health L § 4710-A (2021)
2021 New York Laws PBH - Public Health Article 47 - Shared Health Facilities 4710-A - Immunizations Against Poliomyelitis, Mumps, Measles, Diphtheria and Rubella.

§   4710-a.   Immunizations  against  poliomyelitis,  mumps,  measles,   diphtheria and rubella. 1. It  shall  be  the  duty  of  the  individual   designated  to  assume  responsibility  for the central coordination and   management of the activities of the shared health facility to inquire of   each person receiving care who is under the age of  eighteen,  or  of  a   person  in  parental  relation  to  such  person,  whether all necessary   immunizations have been  received  for  poliomyelitis,  mumps,  measles,   diphtheria and rubella and, if not, to make available such immunizations   and a certificate or certificates of such immunizations.2.  This section shall not apply to children whose parent, parents, or   guardian are bona fide members of a  recognized  religious  organization   whose teachings are contrary to the practices herein required.3.  If  any  physician  licensed  to  practice  medicine in this state   certifies that such immunization may be detrimental to a child's health,   the requirements of  this  section  shall  be  inapplicable  until  such   immunization  may  be  found  no longer to be detrimental to the child's   health.
NY Pub Health L § 4712 (2021)
2021 New York Laws PBH - Public Health Article 47 - Shared Health Facilities 4712 - Shared Health Facilities; Rules and Regulations.

§  4712.  Shared  health  facilities;  rules  and  regulations. 1. The department shall have the authority to promulgate rules and  regulations relative  to  the  quality of care provided by shared health facilities, and to otherwise effectuate the provisions of this article.   2. (a) Subject to the provisions of paragraphs (b)  and  (c)  of  this subdivision  and after such hearing the department may suspend or revoke the registration of a shared health facility for failure to comply  with any  provision  of  this  article  applicable  to  such facility, or for failure to comply with  the  rules  or  regulations  of  the  department pertaining  thereto,  or  for fraudulent practices on the part of any of the providers or purveyors therein.  (b) No registration shall be revoked, suspended, limited  or  annulled without  a hearing. However, a registration may be temporarily suspended or limited without a hearing for a period not in excess of  thirty  days upon written notice to the shared health facility following a finding by the department that the public health or safety is in imminent danger.  (c)  The  commissioner shall fix a time and a place for the hearing. A copy of the charges, together with the notice of the time and  place  of the  hearing  shall  be  served in person or mailed by certified mail to such facility at least twenty-one days before the  date  fixed  for  the hearing.  The  shared health facility shall file with the department not less than eight days prior to the  hearing,  a  written  answer  to  the charges.  (d)  All orders or determinations hereunder shall be subject to review as provided in article seventy-eight  of  the  civil  practice  law  and rules.  Application for such review must be made within sixty days after service  in  person  or  by  certified  mail  of  a copy of the order or determination upon the applicant.   3. Any provider  or  purveyor  who  violates  any  provision  of  this article,  or  of the rules and regulations promulgated pursuant thereto, may, subject to the findings of a hearing or review which he may request of the department, be barred from  collecting  any  payments  under  the program from the date such violation occurs.