reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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; and
b. Industrial development agency financing in accordance with  section
  forty-six hundred four-a of this article; or
c.  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.
2023 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
2023 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
2023 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
2023 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; and
d.  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
2023 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
2023 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
2023 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; and
9.  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
2023 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.
2023 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.
2023 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.
2023 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.
2023 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; or
2. a condition or conditions in substantial violation of the standards
  for health, safety or patient care established under  federal  or  state
  law or regulations.
2023 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.
2023 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.
2023 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.
2023 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.
2023 New York Laws › PBH - Public Health › Article 46-B - Assisted Living › Title 1 - Findings and Definitions › 4650*2 - Legislative Purpose and Findings.

* §  4650.  Legislative  purpose  and findings. The legislature hereby
  finds and declares that congregate residential housing  with  supportive
  services  in  a home-like setting, commonly known as assisted living, is
  an integral part of the  continuum  of  long  term  care.  Further,  the
  philosophy  of  assisted  living  emphasizes  aging  in  place, personal
  dignity, autonomy, independence, privacy and freedom of choice.
The intent of this article is to create a clear and flexible statutory
  structure for assisted living that provides  a  definition  of  assisted
  living  residence;  that  requires  licensure  of  the  residence;  that
  requires  a  written  residency   agreement   that   contains   consumer
  protections;  that  enunciates  and  protects  resident rights; and that
  provides adequate and  accurate  information  for  consumers,  which  is
  essential  to  the continued development of a viable market for assisted
  living. Entities which hold themselves out as assisted living residences
  must apply for licensure and be approved by  the  state  to  operate  as
  assisted  living  residences  pursuant  to this article, and must comply
  with the requirements of this article.
* NB There are 2 § 4650's
2023 New York Laws › PBH - Public Health › Article 46-B - Assisted Living › Title 2 - Assisted Living › 4652*2 - General Requirements; Applicability of Laws to Assisted Living.

* §  4652.  General  requirements;  applicability  of laws to assisted
  living. Adult homes and enriched housing programs which possess a  valid
  operating  certificate  issued pursuant to title two of article seven of
  the social services law, may call themselves  assisted  living  provided
  they:
1.  file  an  application  for  licensure  and  are  approved  by  the
  department as assisted living;
2. comply with all the requirements of this article.
* NB There are 2 § 4652's
2023 New York Laws › PBH - Public Health › Article 46-B - Assisted Living › Title 3 - Enhanced Assisted Living Certificate › 4654*2 - General Requirements; Applicability of Laws to Enhanced Assisted Living.

* §  4654.  General  requirements;  applicability  of laws to enhanced
  assisted living. Nothing in this article shall require  a  residence  to
  obtain  an  enhanced  assisted living certificate pursuant to this title
  unless such residence elects to provide  aging  in  place  by  retaining
  residents  described in subdivision fifteen of section four thousand six
  hundred fifty-one of this article.
* NB There are 2 § 4654's
2023 New York Laws › PBH - Public Health › Article 46-B - Assisted Living › Title 4 - General Requirements › 4659*2 - Individualized Service Plan.

* §  4659.  Individualized  service  plan. 1. A written individualized
  service plan shall be developed for each resident of an assisted  living
  residence upon admission.
2.  The  individualized  service  plan  shall  be  developed  with the
  resident,   the   resident's   representative   and   resident's   legal
  representative  if any, the assisted living operator, and if necessary a
  home care services agency. The initial individualized service plan shall
  be developed in consultation with  the  resident's  physician;  provided
  such  consultation  is  documented  in  writing  by  the residence. If a
  resident is determined by his or her physician not to be in need of home
  care services, the participation of a home care services  agency  in  an
  evaluation   conducted   pursuant  to  this  subdivision  shall  not  be
  necessary.
3. The individualized service plan shall be  developed  in  accordance
  with the medical, nutritional, rehabilitation, functional, cognitive and
  other needs of the resident.
4.  The  individualized  service plan shall include the services to be
  provided, and how and by whom services will be provided and accessed.
5. The individualized service plan shall be reviewed  and  revised  as
  frequently  as  necessary  to  reflect  the  changing  care needs of the
  resident, but no less frequently than every six months.  To  the  extent
  necessary,  such review and revision shall be undertaken in consultation
  with the resident's physician.
* NB There are 2 § 4659's
2023 New York Laws › PBH - Public Health › Article 46-B - Assisted Living › Title 4 - General Requirements › 4661*2 - Resident Funds.

* § 4661. Resident funds. An assisted living operator or employee of a
  residence  or  any  other  entity  which  is a representative payee of a
  resident of  such  residence  pursuant  to  designation  by  the  social
  security   administration   or   which   otherwise   assumes  management
  responsibility over the funds of a resident shall maintain such funds in
  a fiduciary capacity to the resident. Any interest on money received and
  held for the resident shall be the property of the individual resident.
* NB There are 2 § 4661's
2023 New York Laws › PBH - Public Health › Article 46-B - Assisted Living › Title 4 - General Requirements › 4662*2 - Powers of the Commissioner.

* §  4662.  Powers  of the commissioner. 1. The commissioner is hereby
authorized to:
(a) develop, in consultation with the director of the state office for
the aging, consumers, operators of assisted living residences  and  home
care  service  agency  providers, a consumer information guide to inform
and  assist  the  consumer  in  the  selection  of  an  assisted  living
residence;
(b)  promulgate, in consultation with the director of the state office
for the aging, such rules and regulations as are necessary to  implement
the provisions of this article;
(c)  receive  and  investigate  complaints  regarding  the  condition,
operation and quality of care of any entities holding themselves out  as
assisted living, or advertising themselves by a similar term;
(d)  make  necessary investigations to procure information required to
implement the provisions of this article; and
(e) exercise all other  powers  and  functions  as  are  necessary  to
implement the provisions of this article.
2.  Nothing  in this section shall restrict the availability of powers
otherwise available to the commissioner under  the  provisions  of  this
chapter and under the social services law.
* NB There are 2 § 4662's
2023 New York Laws › PBH - Public Health › Article 46-B - Assisted Living › Title 4 - General Requirements › 4663*2 - Penalties and Enforcement.

* §  4663.  Penalties  and  enforcement.  Any  person who violates any
  provision of this article or any rule or regulation promulgated  by  the
  department,  or the terms or conditions of any order or permit issued by
  the department pursuant to this article, shall be subject to the maximum
  penalties which may be levied against a licensed adult care facility.
* NB There are 2 § 4663's
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 New York Laws › PBH - Public Health › Article 47 - Shared Health Facilities › 4714 - Shared Health Facilities Advisory Council.

§  4714. Shared health facilities advisory council. 1. There is hereby
  created a  shared  health  facilities  advisory  council  consisting  of
  nineteen members appointed by the commissioner for terms of three years.
  Four of the members shall represent the public interest and shall not be
  a  provider, consumer, or purveyor. Eight of the members shall represent
  consumers receiving services at  shared  health  facilities,  and  seven
  shall  be  selected  from  among  recommendations  made by organizations
  representing providers and purveyors. Of the  members  first  appointed,
  seven  shall  be  appointed  for  terms  expiring  August  thirty-first,
  nineteen hundred seventy-nine, and six  shall  be  appointed  for  terms
  expiring  August thirty-first, nineteen hundred seventy-eight. Vacancies
  shall be filled by appointment  for  the  unexpired  terms.  The  shared
  health  facilities  advisory  council shall select a chairman from among
  its members.
2. The  shared  health  facilities  advisory  council  shall  meet  as
  frequently  as its business may require, but in any event at least three
  times annually.  Meetings may be held at the call of the chairman or the
  commissioner.  The commissioner shall designate an officer  or  employee
  of  the department to act as secretary of the council. Each member shall
  be reimbursed for expenses actually and necessarily incurred by  him  in
  the performance of his official duties.
3.  The  shared  health  facilities  advisory  council  shall  have no
  executive, administrative or appointive duties. It shall have  the  duty
  to  advise  the  department  on  all aspects of shared health facilities
  regulation and operation, including  the  rendering  of  recommendations
  concerning  proposed department rules and regulations. The shared health
  facilities advisory council shall perform such other  functions  as  the
  commissioner may prescribe.
2023 New York Laws › PBH - Public Health › Article 47 - Shared Health Facilities › 4716 - Construction.

§  4716.  Construction. 1. Nothing herein shall be construed to impair
  or affect the powers of the department to engage in any of its necessary
  or proper activities.
2. Notwithstanding any other  provision  of  law,  the  provisions  of
  article twenty-eight of this chapter shall not be construed to affect or
  apply to a shared health facility, nor shall the term "hospital service"
  as  used  in  that  article  be  construed  to  mean or include services
  rendered by individual practitioners participating in  a  shared  health
  facility.
2023 New York Laws › PBH - Public Health › Article 47 - Shared Health Facilities › 4718 - Separability.

§ 4718. Separability. If any clause, sentence, paragraph, subdivision,
  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,  subdivision,  section
  or  part  thereof  directly  involved  in  the  controversy in which the
  judgment shall have been rendered.
2023 New York Laws › PBH - Public Health › Article 48 - Toxic Substances › 4801 - Definitions.

§ 4801. Definitions. When used in this article:
1.  "Workplace"  means  any  location away from the home, permanent or
  temporary, where any employee performs  any  work-related  duty  in  the
  course of his employment.
2. "Toxic substance" means any substance which is listed in the latest
  printed  edition  of  the National Institute for Occupational Safety and
  Health Registry of Toxic Effects of Chemical Substances or  has  yielded
  positive evidence of acute or chronic health hazards in human, animal or
  other biological testing.
3.  "Employer"  means  any  individual,  partnership,  corporation  or
  association engaged in a business who has employees including the  state
  and its political subdivisions. The term "employer" does not include the
  employment  of domestic workers or casual laborers employed at the place
  of residence of his or her employer.