reglab/housing_qa huggingface dataset:
NY Pub Health L § 4607 (2021)
2021 New York Laws PBH - Public Health Article 46 - Continuing Care Retirement Communities 4607 - Annual Statement.

§  4607.  Annual  statement.  1.  Within  four  months of close of the operator's fiscal year, unless an extension of time  to  file  has  been granted,   the   operator  shall  file  an  annual  statement  with  the commissioner and superintendent showing the condition as of the last day of the preceding calendar  or  fiscal  year.  If  the  commissioner  and superintendent do not receive the annual statement within four months of the  end  of the operator's fiscal year or have not granted an extension of time to file, the council may charge a late fee.   2. The  annual  statement  shall  be  in  such  form  as  the  council prescribes and shall contain at least the following:   a. Any change in status with respect to the information required to be submitted pursuant to section forty-six hundred four of this article;   b.  Financial  statements  audited  by an independent certified public accountant, which  shall  contain,  for  two  or  more  periods  if  the community has been in existence that long, the following:  (i) an accountant's opinion and, in accordance with generally accepted accounting principles:  (A) a balance sheet,  (B) a statement of income and expenses,  (C) a statement of equity or fund balances,  (D) a statement of changes in financial position,  (ii)  notes  to  the  financial  statements  considered  customary  or necessary  to  ensure  full  disclosure  of  the  financial  statements, financial condition, and operation;   c. A detailed listing of the assets maintained for the reserves;   d.  A  copy  of  the  most  recent  actuarial review of the community, including such information as may  be  required  by  the  superintendent including  an  opinion  of  a  qualified  consulting  actuary, as to the current and projected soundness of the community, provided however  that a new actuarial review must be submitted triennially; and   e.  Such  other  reasonable  financial  and  other  information as the council may require with respect to the operator or  the  community,  or its   directors,   controlling  persons,  trustees,  members,  branches, subsidiaries or affiliates to determine  the  financial  status  of  the community and the management capabilities of the operator.   3.  Sixty  days before commencement of each calendar or fiscal year or official opening date, whichever is applicable, each operator shall file with the commissioner and superintendent a  computation  of  the  annual long-term  debt  service  and  a  projected  annual  revenue and expense summary for the next ten years.
NY Pub Health L § 4608-A (2021)
2021 New York Laws PBH - Public Health Article 46 - Continuing Care Retirement Communities 4608-A - Continuing Care at Home Requirements.

§  4608-a.  Continuing  care  at  home  requirements.  Continuing care   retirement communities offering continuing care at home contracts shall:1. Ensure that all continuing care retirement community  employees  or   contractors  providing  services  to  continuing  care  at home contract   holders are duly licensed or certified  pursuant  to  law,  which  shall   include  but  not  be  limited  to  any  licensure  requirements for the   provision of home care services set forth in article thirty-six of  this   chapter;2.  Include  all  operating  expenses  for  continuing  care  at  home   contracts in the calculation of reserve  requirements  required  by  the   department of financial services; and3.  Include  all  operating  activities  for  continuing  care at home   contracts in the  total  operation  of  the  community  when  submitting   financial  reports  as  required by the department and the department of   financial services.
NY Pub Health L § 4609 (2021)
2021 New York Laws PBH - Public Health Article 46 - Continuing Care Retirement Communities 4609 - Withdrawal, Death or Dismissal of Person; Refund.

§  4609. 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 cancelled 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 must 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.
NY Pub Health L § 4611 (2021)
2021 New York Laws PBH - Public Health Article 46 - Continuing Care Retirement Communities 4611 - Reserves and Supporting Assets.

§  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   reserve liabilities:a.  Principal  and  interest  payments  and  payments  for  taxes  and   insurance for up to twelve months;b. Total estimated operating costs for up to six months as set by  the   superintendent;c. Repairs and replacements for up to twelve months; andd.  In  addition,  the amount of liquid assets must meet any cash flow   requirements and conditions as set forth in a regulation.2. The assets in support of reserve liabilities of subdivision one  of   this section shall meet quantitative and qualitative standards set forth   in regulations issued by the superintendent.
NY Pub Health L § 4612 (2021)
2021 New York Laws PBH - Public Health Article 46 - Continuing Care Retirement Communities 4612 - Residents' Organizations.

§  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   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 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 § 4613 (2021)
2021 New York Laws PBH - Public Health Article 46 - Continuing Care Retirement Communities 4613 - Advertisements.

§  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   sales literature or advertising communication addressed or intended  for   distribution  to  prospective  residents  of  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  continuing  care   retirement community.
NY Pub Health L § 4614 (2021)
2021 New York Laws PBH - Public Health Article 46 - Continuing Care Retirement Communities 4614 - Audits.

§   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   execution of continuing care retirement contracts or continuing care  at   home  contracts  or engaged in the performance of obligations under such   contracts. Routine examinations may be  conducted  by  having  documents   designated  by  and  submitted  to such commissioners or superintendent,   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 such commissioners or   superintendent 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 commissioners or superintendent, respectively, 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 health   department, or department of financial services may,  upon  presentation   of  proper  identification,  have  access  to,  and inspect, any records   maintained  by  the  community  relevant  to  the  respective   agency'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 may   not be distributed or made available unless and until such  confidential   status has expired.
NY Pub Health L § 4616 (2021)
2021 New York Laws PBH - Public Health Article 46 - Continuing Care Retirement Communities 4616 - Appointment of a Caretaker.

§  4616.  Appointment  of  a  caretaker.  Upon  a determination by the   council 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 established under federal or state   law or regulations;2. or that 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 fifteen of this   article, and, where the council deems it to be in the  public  interest,   the  council  may request that 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 seventeen of this  article,  and   the  powers, duties and rights of a caretaker appointed pursuant to such   section shall be the same as those authorized  by  subdivision  four  of   such section.
NY Pub Health L § 4618 (2021)
2021 New York Laws PBH - Public Health Article 46 - Continuing Care Retirement Communities 4618 - Civil Action.

§  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  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 § 4619 (2021)
2021 New York Laws PBH - Public Health Article 46 - Continuing Care Retirement Communities 4619 - Criminal Penalties.

§  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 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 § 4620 (2021)
2021 New York Laws PBH - Public Health Article 46 - Continuing Care Retirement Communities 4620 - Separability.

§  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 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 § 4624 (2021)
2021 New York Laws PBH - Public Health Article 46 - Continuing Care Retirement Communities 4624 - Continuing Care Retirement Communities Making Assurances Regarding Long Term Care.

§  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  offer  life  care contracts or which comply with the requirements   set forth in subdivision two of this section shall be eligible  for  the   following:a.  An  exemption  from  a public need determination and establishment   approval regarding an on-site  or  affiliated  residential  health  care   facility  in  accordance  with  subdivision  five  of  section forty-six   hundred four of this article; andb. Industrial development agency financing in accordance with  section   forty-six hundred four-a of this article; orc.  Financing  by  any  public  benefit corporation authorized to make   loans to continuing care retirement communities under the laws  of  this   state.2.  A  continuing  care  retirement community not exclusively offering   life care contracts but desiring eligibility for  an  exemption  from  a   public   need   determination  and  establishment  approval  and/or  for   industrial development agency  financing  or  financing  by  any  public   benefit   corporation  authorized  to  make  loans  to  continuing  care   retirement communities under the laws of this state must assure that all   residents and  prospective  residents  have  the  ability  to  fund  the   estimated  cost  of  nursing facility services for a period of one year.   Such assurances may be demonstrated through the terms of the  continuing   care   contract,  resident  assets,  resident  income,  long  term  care   insurance or refund of all, or a portion of, the entrance fee and  shall   be  in accordance with regulations adopted by the council. The community   must  pay  for  such  care  in  the  event  that  resident  assets   are   insufficient  to  fund  the cost of nursing facility care for a one year   period.
NY Pub Health L § 4650 (2021)
2021 New York Laws PBH - Public Health Article 46-A - Fee-for-Service Continuing Care Retirement Communities Demonstration Program 4650 - Short Title.

* § 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
NY Pub Health L § 4652 (2021)
2021 New York Laws PBH - Public Health Article 46-A - Fee-for-Service Continuing Care Retirement Communities Demonstration Program 4652 - Commissioner; Powers and Duties.

* §  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
NY Pub Health L § 4653 (2021)
2021 New York Laws PBH - Public Health Article 46-A - Fee-for-Service Continuing Care Retirement Communities Demonstration Program 4653 - Continuing Care Retirement Community Council; Powers and Duties.

* §  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  references  in   such section to provisions of article forty-six of this chapter shall be   deemed to be references to the corresponding provisions of this article.* NB There are 2 § 4653's
NY Pub Health L § 4654 (2021)
2021 New York Laws PBH - Public Health Article 46-A - Fee-for-Service Continuing Care Retirement Communities Demonstration Program 4654 - Authorization of Fee-for-Service Continuing Care Retirement Communities.

* §  4654. Authorization of fee-for-service continuing care retirement   communities. The commissioner, upon  approval  of  the  continuing  care   retirement  community council, 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 by   a for-profit entity.* NB There are 2 § 4654's
NY Pub Health L § 4656 (2021)
2021 New York Laws PBH - Public Health Article 46-A - Fee-for-Service Continuing Care Retirement Communities Demonstration Program 4656 - Certificate of Authority; Authority of Operator.

* §  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 information that details the terms of   any contract relating to a community;c. to advertise the community and the related services  that  will  be   provided pursuant to this article; andd.  to  offer  and  execute  contracts,  including  the  collection of   entrance fees  and  deposits  pursuant  to  sections  forty-six  hundred   fifty-nine,   forty-six   hundred  seventy-four  and  forty-six  hundred   seventy-five of this article.2.  a.  The  commissioner,  in  consultation  with  the  council,  may   authorize  an  operator  of  a  community  with an on-site or affiliated   residential health care facility  to  provide,  for  a  limited  period,   residential  health  care  facility  services  to  persons,  who are not   residents of the community, provided, however, that the  operator  shall   not  discriminate in the admission, retention or care of any such person   because such person is or will be eligible  for,  or  receives  or  will   receive, medical assistance benefits pursuant to title eleven of article   five of the social services law.b.  The  commissioner, in consultation with the council, may authorize   an operator of a community with an  on-site  or  affiliated  adult  care   facility  to provide, for a limited period, adult care facility services   to persons, who are not residents of the community,  provided,  however,   that  the operator shall not discriminate in the admission, retention or   care of any such person because such person is or will be eligible  for,   or  receives  or  will  receive, medical assistance benefits pursuant to   title eleven of article five of the social services law or  supplemental   security income benefits pursuant to title sixteen of the federal social   security  act  and any additional state payments made under title six of   article five of the social services law.* NB There are 2 § 4656's
NY Pub Health L § 4658 (2021)
2021 New York Laws PBH - Public Health Article 46-A - Fee-for-Service Continuing Care Retirement Communities Demonstration Program 4658 - Annual Statement.

* §  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 fiscal year. If the commissioner does not receive the annual statement within four months of the end of the operator's fiscal year or has  not  granted an extension of time to file, the council may charge a late fee.   2. The  annual  statement  shall  be  in  such  form  as  the  council prescribes and shall contain at least the following:   a. Any change in status with respect to the information required to be submitted  pursuant  to  section  forty-six  hundred fifty-seven of this article;   b. Financial statements audited by  an  independent  certified  public accountant,  which  shall  contain,  for  two  or  more  periods  if the community has been in existence that long, the following:  (i)  notes  to  the  financial  statements  considered  customary   or necessary  to  ensure  full  disclosure  of  the  financial  statements, financial condition, and operation; and  (ii)  an  accountant's  opinion  and,  in  accordance  with  generally accepted  accounting principles: (A) a balance sheet, (B) a statement of income and expenses, (C) a statement of equity or fund balances, and (D) a statement of changes in financial position;   c. A detailed listing of the assets maintained for the reserves; and   d. Such other  reasonable  financial  and  other  information  as  the council  may  require  with respect to the operator or the community, or its  directors,  controlling  persons,  trustees,   members,   branches, subsidiaries  or  affiliates  to  determine  the financial status of the community and the management capabilities of the operator.   3. Sixty days before commencement of each calendar or fiscal  year  or official opening date, whichever is applicable, each operator shall file with the commissioner a computation of the annual long-term debt service and  a  projected  annual  revenue  and expense summary for the next ten years.   * NB There are 2 § 4658's