NY Pub Health L § 4602 (2021)
2021 New York Laws PBH - Public Health Article 46 - Continuing Care Retirement Communities 4602 - Continuing Care Retirement Community Council; Powers and Duties.

§  4602.  Continuing  care  retirement  community  council; powers and   duties.  1. The continuing care retirement community council  is  hereby   established,  to  consist  of  the  following,  or  their designees: the   attorney general; the commissioner; the director of the office  for  the   aging;  and  eight  public  members  appointed  by the governor with the   advice  and  consent  of  the  senate.  Such  public  members  shall  be   representative  of  the  public,  and  have  a demonstrated expertise or   interest in continuing care retirement  communities;  provided  that  no   more  than one such member shall be a sponsor, owner, operator, manager,   member of a board of directors, or  shareholder  of  a  continuing  care   retirement  community. At least two public members shall be residents of   a continuing care retirement community.  At  least  one  of  the  public   members  shall  be a representative of an organization with demonstrated   experience in representing the interests of senior citizens. The  public   members of the council shall have fixed terms of four years. The council   shall be chaired by the commissioner or his or her designee.Members  of  such  council  shall serve without compensation for their   services as members of the council, except that  each  of  them  may  be   allowed  the  necessary  and actual expenses which he shall incur in the   performance of his duties under this article.2. The council shall meet as often  as  may  be  deemed  necessary  to   fulfill  its  responsibilities.  The  council  shall  have the following   powers and duties:a. to approve or  reject  applications  to  obtain  a  certificate  of   authority  for  the  establishment  and  operation  of a continuing care   retirement community.  In  reviewing  applications,  the  council  shall   consider   the   extent   to  which  the  applications  reflect  various   sponsorships, organizational structures, geographic dispersion, and  the   public  benefit.  In  determining  the  public  benefit  of  a community   requiring construction of a total  nursing  facility  component  greater   than  or equal to ninety beds, the council shall obtain and consider the   recommendation of the state hospital review and  planning  council  with   regard  to  the  effect  of  the construction of the community's nursing   facility beds upon existing facilities in the same geographic area;b. to require the reporting of  such  facts  and  information  as  the   council may deem necessary to enforce the provisions of this article;c.  to coordinate the oversight of operating communities and to assign   review and regulatory responsibility  for  particular  aspects  of  such   communities  to  the  appropriate  agencies, consistent with their legal   authority, to assure consistent state supervision without duplication of   inspection or regulatory review;d. to make such recommendations to the governor and the legislature as   may be necessary to encourage or further  regulate  the  development  of   continuing care retirement communities;e. to establish and charge equitable and reasonable annual charges for   operators,  not  to  exceed  fifty  dollars per approved living unit, to   subsidize, in part, expenditures incurred in reviewing applications  for   certificates of authority and in inspecting, regulating, supervising and   auditing continuing care retirement communities;f.  to  review  reports  from the participating agencies regarding the   operations and financial management of approved  communities,  including   any  reports regarding the financial condition of any community that may   be in need of close supervision and any reports of deficiencies  in  the   provision of health or social services to residents of any community;g. to adopt rules and regulations and amendments thereto to effectuate   the provisions of this article;h.  to  revoke,  suspend,  limit,  or annul a certificate of authority   under conditions set forth in section forty-six hundred fifteen of  this    article,  including when such action is taken at the specific request of   any participating council agency. When action  has  been  taken  by  the   commissioner  pursuant to subdivision seven of section forty-six hundred   three  of  this  article,  the  council shall meet as soon as reasonably   possible to approve or disapprove the action  of  the  commissioner  and   shall take such further action as may be appropriate;i.   to  develop  guidelines  for  applications  for  certificates  of   authority;j.  to  make  a  final  determination  regarding  an  application  for   authorization  to  enter  into priority reservation agreements where the   commissioner has proposed to reject such application;k. to require the reporting of  such  facts  and  information  as  the   council  may  deem  necessary  to  determine  whether characteristics of   residential health care demonstration facilities such  as  comprehensive   systems  of  residential  and  support  services  for the elderly may be   successfully incorporated into  existing  or  approved  continuing  care   retirement communities;l.  to  review  and  approve or reject applications by continuing care   retirement community operators  to  use  entrance  fees  to  assist  the   operator  in  financing  the  construction  or  purchase  of  a proposed   continuing care retirement community in accordance with paragraph  b  of   subdivision six of section forty-six hundred ten of this article; andm.  to  review  and  approve  or  reject  any  proposed  financing  by   industrial  development   agencies   of   continuing   care   retirement   communities  pursuant to article eighteen-A of the general municipal law   as authorized by section forty-six hundred four-a of this article.3. The council shall establish guidelines under which the commissioner   is authorized to approve or reject  any  proposed  refinancing,  if  the   council  has  already approved an application pursuant to paragraph a of   subdivision two of this section.