NY Pub Health L § 4603 (2021)
2021 New York Laws PBH - Public Health Article 46 - Continuing Care Retirement Communities 4603 - Commissioner; Powers and Duties.

§   4603.  Commissioner;  powers  and  duties.  The  commissioner,  in   consultation with the council,  shall  have  the  following  powers  and   duties:1. to receive applications from potential operators of continuing care   retirement communities and to distribute such applications for review to   the participating agencies;2.  to  collect  and  compile  recommendations  from the participating   agencies   and   to   present    consolidated    materials,    including   recommendations, to the council for its review and action;3.  to  develop  uniform  forms  for  applications for certificates of   authority, to review the status of such applications, and to  coordinate   the  review  of  such  applications  in order to minimize duplication or   delay;4. to provide information to entities wishing to establish  continuing   care  retirement  communities  and  to  persons  interested  in becoming   residents of such communities and to assist operators and  residents  of   such  communities,  to the extent appropriate, with concerns relating to   the operation of such facilities;5. to issue certificates of authority to those applicants approved  by   the council;6.   to   coordinate   the   interagency   regulatory  review  of  the   applications, development and operations  of  communities  in  order  to   minimize duplication or delay;7.   if  the  immediate  health,  safety,  or  financial  needs  of  a   community's residents are in jeopardy, to suspend or limit a certificate   of authority pursuant to subdivision two of  section  forty-six  hundred   fifteen  of  this article. If the commissioner suspends a certificate of   authority, he shall immediately notify the council;8. to make recommendations concerning  and  to  promulgate  rules  and   regulations and amendments thereto that have been adopted by the council   to effectuate the provisions of this article;9.   to   carry  out  any  other  responsibilities  entrusted  to  the   commissioner pursuant to this chapter that may be necessary with  regard   to the health care activities of continuing care retirement communities;10.  to  make  available  to  all  prospective operators all pertinent   regulations regarding health and insurance necessary to comply with this   article;11.  to  approve  or  reject  applications   for   authorization,   by   prospective  continuing  care  retirement community applicants, entities   that have filed an  application  for  a  certificate  of  authority  and   operators,  to enter into cancelable priority reservation agreements and   to  collect  refundable  priority  reservation  fees  from   prospective   residents;  provided that in any case where the commissioner proposes to   reject such application, the council  shall  meet  within  a  reasonable   period  of  time not to exceed ninety days to make a final determination   regarding such application; and12. to approve or reject any proposed refinancing consistent with  the   guidelines   established   pursuant  to  subdivision  three  of  section   forty-six hundred two of this article.