reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter VII - Life Care Communities › Part 900 - Certificate Of Authority › Section 900.11 - Long term care security program for long term care model

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Life Care Community Council may
				approve an application for a certificate of authority and the commissioner may
				issue a certificate of authority for the establishment and operation of a life
				care community under an arrangement which otherwise complies with the
				requirements of article 46 except that the costs of each resident's nursing
				facility or home health care services are paid for in whole or in part by long
				term care insurance obtained and paid for by the resident or by medical
				assistance payments in accordance with the long term care security program for
				long term care pursuant to section
				367
				(f) of the Social Services Law and section
				3229 of the
				Insurance Law.
(b) With regard to
				nursing home or home health care services provided as part of the life care
				contract, any elimination or waiting periods and any deductibles, co-payments,
				or other amounts not paid for by such long term care insurance or medical
				assistance payments shall be the responsibility of the life care community. The
				resident shall not be liable to pay any such amounts.
(c) The life care community operator shall
				not require that long term care insurance be purchased from a specified insurer
				or group of insurers and the life care community operator shall not specify a
				minimum acceptable benefit level in excess of that established under the long
				term care security program for long term care.
(d) Entrance fees and monthly care fees shall
				reflect that the cost of resident's nursing home and home health care services
				are or will be paid for in whole or in part through a long term care insurance
				policy and medical assistance payments.
(e) If a resident fails to maintain minimum
				long term care insurance coverage in accordance with the long term care
				security program for long term care, the life care community operator shall
				purchase, if possible, such coverage on behalf of and at the expense of the
				resident and may require an appropriate adjustment in the monthly fees paid by
				the resident to the life care community operator.
(1) If the life care community operator
				cannot purchase such long term care insurance coverage, the operator may
				require an adjustment in the resident's monthly fees, subject to the approval
				of the superintendent, to fund the additional risk to the facility.
(2) If the resident fails to maintain such
				long term care insurance coverage and the life care community operator has not
				purchased such coverage, the operator shall be responsible for any expenses
				which would have been covered under the long term care insurance policy which
				the resident failed to maintain. The operator may add the amount of such
				expenses to the resident's monthly fees.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter VII - Life Care Communities › Part 901 - Organization And Administration › Section 901.1 - Pre-contract disclosure

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Prior
				to the execution of a contract, or before the transfer of any money other than
				a refundable priority reservation application fee or a priority reservation fee
				to the operator by or on behalf of a prospective resident, whichever occurs
				first, the operator shall deliver to the person with whom the contract is to be
				entered into or the person's legal representative:
(1) the most recent annual statement required
				pursuant to section
				901.8 of this Part; and
(2) an initial disclosure statement including
				the information contained in the contract unless the contract is attached to
				and made part of the initial disclosure statement. Such disclosure statement
				shall be prepared in accordance with section
				900.3(c)(14) of
				this Title.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter VII - Life Care Communities › Part 901 - Organization And Administration › Section 901.3 - Entrance fee escrow account

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In
				order to advertise and collect refundable entrance fees and deposits subsequent
				to the issuance of a certificate of authority but prior to substantial
				completion of construction or purchase of the community or approved phase of
				the community, issuance of an occupancy permit and the availability of the unit
				for occupancy, the operator shall:
(1)
				establish a federally insured interest-bearing account with a New York bank,
				New York savings and loan association or New York trust company for the deposit
				of such fees and deposits; and
(2)
				enter into an escrow agreement with the bank, savings and loan association or
				trust company which shall state that:
(i) the
				purpose of the agreement is for the protection of the prospective resident;
				and
(ii) the escrow agent shall
				release all or portions of the funds on deposit including interest accrued or
				earned from investment of funds at prevailing rates to the operator or resident
				as directed pursuant to subdivisions (e)-(g) of this section or upon order of a
				court of competent jurisdiction.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter VII - Life Care Communities › Part 901 - Organization And Administration › Section 901.4 - Refunds

Current through Register Vol. 46, No. 28, July 10, 2024
Any funds paid by or on behalf of a resident or prospective
				  resident shall be refundable as follows:
(a) An application fee or other similarly
				designated processing fee shall be subject to the refund provisions specified
				in the contract.
(b) Entrance fee
				deposits shall be refundable as follows:
(1)
				Entrance fee deposits shall be fully refundable if the contract is cancelled
				within 72 hours of its execution.
(2) If the prospective resident dies or
				through illness, injury or incapacity is precluded from becoming a resident
				under the terms of the contract, the contract is automatically rescinded and
				the prospective resident or his or her legal representative shall receive a
				full refund of all moneys paid to the operator, except for those costs
				specifically incurred by the community at the request of the prospective
				resident or representative and set forth in writing in a separate addendum to
				the contract, signed by both parties to the contract. In the event of a
				multiple party contract, the contract may remain in effect at the option of the
				remaining prospective residents, subject to the terms of the
				contract.
(3) If the contract
				includes more than one resident, and one of the prospective residents dies or
				through illness, injury or incapacity is precluded from being a resident under
				the terms of the contract, the remaining resident(s) may cancel the contract
				and shall receive a full refund of all moneys paid to the operator, except for
				those costs specifically incurred by the community at the request of the
				prospective resident(s) or representative(s) and set forth in writing in a
				separate addendum to the contract, signed by all parties to the
				contract.
(4) If the community is
				not substantially complete as evidenced by meeting the requirements of section
				901.3(e)(1)-(3)
				of this Part within six months of the completion date specified in the initial
				disclosure statement which was issued to the prospective resident or his or her
				legal representative the resident or representative shall have the option of
				cancelling the contract. In this case, the resident or representative shall
				receive a full refund of all moneys paid including earned interest, except for
				those costs specifically incurred by the community at the request of the
				resident or representatives and set forth in writing in a separate addendum to
				the contract, signed by both parties to the contract.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter VII - Life Care Communities › Part 901 - Organization And Administration › Section 901.5 - Rate increases

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any
				increases in the entrance fees or monthly care fees subsequent to the issuance
				of the certificate of authority shall require the prior written approval of the
				Superintendent of Insurance except under the following conditions:
(1) the increase has been calculated in
				accordance with a rating system which has been approved by the superintendent;
				or
(2) the increase does not exceed
				a relevant cost index or indices which reflect all components of life care
				including the cost associated with provision of health care as determined and
				promulgated at least annually by the superintendent.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter VII - Life Care Communities › Part 901 - Organization And Administration › Section 901.6 - Advertisements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For purposes of
				this section, advertisements shall mean any financial statement, pamphlet,
				circular, form letter, or other sales literature or advertising communication
				intended for or directed to prospective residents of the community or the
				general public.
(b) The applicant
				or any employee, agent or representative of the applicant shall not publish or
				cause to be published, circulated or disseminated any advertisement prior to
				the issuance of a certificate of authority.
(c) No advertisement shall contain statements
				or illustrations that are untrue, deceptive, misleading or omit material
				facts.
(d) Advertisements that
				refer to a specific entrance fee shall state the full entrance fee as well as
				any periodic charges, assessments or costs to the purchaser.
(e) Advertisements shall not refer to any
				community that is not in operation unless that fact is prominently stated in
				the advertisement and the proposed date of completion is contained
				therein.
(f) Advertisements shall
				not state that items or services are free when the cost of such items or
				services is included in the monthly care fee.
(g) Advertisements shall not contain
				photographs, sketches or artist's conceptions of proposed facilities unless
				that fact is prominently noted directly on or adjacent to the photographs,
				sketches or artist's conceptions.
(h) Advertisements shall not refer in
				wording, photograph, sketch or artist's conception to any recreational,
				medical, social, shopping or other facility that is not located within the life
				care community unless so stated and the approximate distance from the community
				is set forth.
(i) Advertisements
				shall not refer to an imminent price increase unless the amount and date of the
				increase is indicated.
(j)
				Advertisements that require attendance or submission to a sales promotion shall
				clearly state such requirements.
(k) Any model unit that is used as part of a
				promotional plan shall be in substantial conformance with the units that are
				subsequently constructed unless otherwise stated in the contract.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter VII - Life Care Communities › Part 901 - Organization And Administration › Section 901.7 - Reserves and supporting assets

Current through Register Vol. 46, No. 28, July 10, 2024
After release of funds held in escrow pursuant to section
				  901.3 of this Part, the operator
				  shall maintain reserves in accordance with the requirements established by the
				  Superintendent of Insurance and as set forth in 11 NYCRR Part
				  350.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter VII - Life Care Communities › Part 901 - Organization And Administration › Section 901.9 - Other notice and submission requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Notice of changes in the following shall
				be submitted to the commissioner as they occur unless already submitted to the
				commissioner pursuant to section
				901.8 of this Part:
(1) the life care contract;
(2) the initial disclosure
				statement;
(3) changes in the
				construction timetable which extend the completion date six months beyond the
				current approved completion date; and
(4) the entrance fee and monthly care
				fees.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter VII - Life Care Communities › Part 901 - Organization And Administration › Section 901.10 - Management contracts

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For the
				purposes of this Part, a management contract is an agreement between a life
				care community's governing body and a contracting entity for the contracting
				entity to assume the primary responsibility for managing the day-to-day
				operations of an entire community or component thereof.
(b) A management contract shall contain the
				following information:
(1) a description of
				the proposed role of the governing body during the period of the proposed
				management contract. The description shall clearly reflect retention by the
				governing authority of ongoing responsibility for statutory and regulatory
				compliance;
(2) a provision that
				clearly recognizes that the responsibilities of the community's governing body
				are in no way obviated by entering into a management contract and that any
				powers not specifically delegated to the contracting entity through the
				provisions of the contract remain with the governing authority;
(3) a provision that states that the
				community's governing body shall retain the authority to discharge the managing
				entity and its employees at the community with or without cause; and
(4) a plan for assuring maintenance of the
				fiscal stability and the level and quality of services provided by the
				community during the term of the management contract.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter VII - Life Care Communities › Part 901 - Organization And Administration › Section 901.11 - Audits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each life care
				community applicant, each operator engaged in the execution of life care
				contracts or engaged in the performance of obligations under such contracts
				shall be subject, at any time, but at least every three years, to a scheduled
				examination by the Commissioner of Health, the Superintendent of Insurance and
				the Commissioner of Social Services, if applicable, or their designees. Such
				examination may consist of:
(1) a visit to
				the community; and
(2) an
				evaluation of all fiscal and statistical records and reports. All underlying
				books, records and documentation which formed the basis for the annual report
				filed with the commissioner shall be kept and maintained by the community for a
				period of time not less than six years from the date of filing or the date upon
				which the report was to be filed, whichever is later. Any operator being
				examined shall, upon request, give reasonable and timely access to all of its
				records.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter VII - Life Care Communities › Part 901 - Organization And Administration › Section 901.12 - Change of operator

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any
				change in the legal entity authorized to operate a life care community shall
				require the prior approval of the Life Care Community Council. The applicant
				shall be required to submit a certificate of authority application which shall
				be subject to review and approval in the same manner as the original
				application, provided that continued public need for the community shall be
				presumed.
(b) The commissioner may
				waive any part of the application which is not deemed relevant to the change in
				ownership.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter VII - Life Care Communities › Part 901 - Organization And Administration › Section 901.13 - Transfers of interest by sole proprietors or general partners

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any change in
				the sole proprietor who or general partners of a partnership which is the
				operator of a life care community must receive the prior approval of the Life
				Care Community Council. In the event such change is occasioned by the death of
				an operator, the department shall be notified immediately and application shall
				be made for approval of such change within 30 days of such death. A sole
				proprietor or partnership seeking the council's approval for the transfer of
				all or part of the ownership of the business shall file, in addition to meeting
				the other applicable requirements of this Part, the applicable information,
				documents and data as follows:
(1) a
				certified copy of the applicant's existing or executed proposed certificate of
				doing business;
(2) a photocopy of
				any corporate applicant's executed, existing or proposed certificate of
				incorporation;
(3) where the
				applicant is a partnership, copies of all partnership agreements;
(4) a declaration of the percentage of the
				business to be transferred;
(5) a
				financial statement setting forth the purchase price of the interest in the
				business being sold and the financial resources available to make such
				purchase, or the basis on which such transfer is to be financed;
(6) where any transfer is to be by gift, a
				statement of the relationship between the donor and donee;
(7) information as to the character,
				experience, competence and standing in the community of the
				applicant;
(8) where the applicant
				proposes a change of name by which the community is doing business, a photocopy
				of the executed proposed certificate of doing business; and
(9) such additional pertinent information or
				documents necessary for the council's consideration, as requested.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter VII - Life Care Communities › Part 901 - Organization And Administration › Section 901.14 - Acquisition of control of the operator of a life care community

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1) Any change in the controlling person(s)
				of the operator of a not-for-profit or proprietary life care community, other
				than a change subject to prior approval pursuant to sections
				901.12 and
				901.13 of this Part, shall be
				subject to the approval of the council. A person seeking approval as a
				controlling person of the operator of a life care community shall file an
				application for the council's approval within 30 days of becoming a controlling
				person, in accordance with the applicable requirements of this Part.
(2) Pending a decision by the council, an
				applicant shall refrain from exercising control over the life care community by
				directing or causing the direction of the actions, management or policies of
				the community whether through voting securities or voting rights thereunder,
				electing or appointing directors, the direct or indirect determination of
				policies, or otherwise. The applicant shall submit, as part of the application,
				an affidavit whereby the applicant affirms that control over the community will
				not be exercised pending a decision by the council.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter VII - Life Care Communities › Part 901 - Organization And Administration › Section 901.15 - Name changes

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any change
				in the following shall require the prior approval of the Life Care Community
				Council:
(1) the name of a not-for-profit
				corporation operating a life care community under article 46 of the Public
				Health Law;
(2) the assumed name of
				a sole proprietor or a not-for-profit corporation operating a community under
				article 46 of the Public Health Law; and
(3) the name or assumed name of a business
				corporation, partnership or governmental subdivision operating a community
				under article 46 of the Public Health Law.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter VII - Life Care Communities › Part 901 - Organization And Administration › Section 901.16 - Application for dissolution of a not-for-profit corporation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Not-for-profit corporations seeking the
				approval of the Life Care Community Council of a voluntary dissolution shall
				file information, documents and data as follows:
(1) the public need for such
				dissolution;
(2) the proposed
				disposition of the assets of the corporation;
(3) the proposed certificate of dissolution
				which shall in all respects conform with the applicable provisions of the
				Not-for-Profit Corporation Law and all other pertinent laws of the State of New
				York;
(4) the proposed plan of
				dissolution and distribution of assets which shall in all respects conform with
				the applicable provisions of the Not-for-Profit Corporation Law and all other
				pertinent laws of the State of New York;
(5) the petition proposed to be submitted to
				the court in support of the application for judicial approval of the proposed
				plan of dissolution and distribution of assets; and
(6) such additional pertinent information and
				documents which are deemed necessary for the council's consideration as
				requested.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter VII - Life Care Communities › Part 901 - Organization And Administration › Section 901.17 - Revocation, suspension or annulment of certificate of authority

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Life Care
				Community Council may revoke, suspend, limit or annul the certificate of
				authority of an established operator upon proof that:
(1) the established operator failed to
				continue to meet the requirements for the authority originally
				granted;
(2) the established
				operator made a material misstatement, misrepresentation, or committed fraud in
				obtaining the certificate of authority, or in attempting to obtain the same, or
				in subsequent submissions to the council or participating agencies;
(3) the established operator lacked fitness
				or was untrustworthy;
(4) the
				established operator engaged in fraudulent or dishonest practices of management
				in the conduct of business under the certificate of authority;
(5) the established operator converted or
				withheld funds;
(6) the established
				operator failed to comply with, or violated, any proper order, rule or
				regulation of the council or violated any provision of article 46 of the Public
				Health Law;
(7) the established
				operator failed to commence or substantially complete construction of the life
				care community within six months of the approved start or completion
				dates;
(8) the unsound business
				practices of the established operator renders its further transactions in this
				State hazardous or injurious to the public;
(9) the established operator refused to be
				examined or to produce its accounts, records, and files for examination, by the
				New York State Departments of Health, Insurance or Social Service or the
				operator's officers, employees, or controlling persons have refused to give
				pertinent information with respect to the affairs of the community or to
				perform any other legal obligation as required by said departments;
(10) the Superintendent of Insurance has made
				a determination that the established operator is insolvent pursuant to
				applicable regulation of the New York State Department of Insurance;
				or
(11) the Commissioner of Health
				or the Commissioner of Social Services has found violations of applicable
				statutes, rules or regulations which threaten to affect directly the health,
				safety or welfare of a resident of a life care community; or
(12) the established operator has failed to
				comply with any contingencies specified in the certificate of authority
				approval.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter VII - Life Care Communities › Part 902 - Residential Rights And Organizations › Section 902.1 - Applicability of other laws and regulations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Unless otherwise indicated in Part 900 or
				901 of this Title, life care community component facilities, i.e., nursing
				home, home health care, adult home, shall be subject to all applicable existing
				laws and regulations pertaining to residents' rights and organizations under
				articles 28 and 36 of the Public Health Law and article 7 of the Social
				Services Law and regulations promulgated thereunder, including, but not limited
				to sections
				415.3, 764.1, 767.1, and 771.7 of
				this Title and 18 NYCRR sections 487.5 and 488.5.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter VII - Life Care Communities › Part 902 - Residential Rights And Organizations › Section 902.2 - Residents' rights and organizations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All life care community residents shall
				have the right to self organization. Any resident group organized pursuant to
				this section shall also have the following rights:
(1) the right to engage in group activities
				for any purpose including keeping informed of the operations of the
				community;
(2) the right to use
				community facilities to conduct group meetings;
(3) the right to obtain the current copies of
				the disclosure statement, annual report, audit reports and final results of any
				surveillance activities pertaining to the community as a whole or any of its
				component facilities; and
(4) the
				right to appoint one or more residents to represent the group in dealings with
				the community administration.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter VII - Life Care Communities › Part 903 - Priority Reservation Agreements › Section 903.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For purposes of this Part, the following definitions shall
				  apply:
(a) A priority reservation
				agreement shall mean a cancelable agreement between a prospective life care
				community applicant, an applicant for a certificate of authority or an operator
				and a prospective resident, for the purpose of evaluating market demand for a
				proposed life care community and for the purpose of guaranteeing to prospective
				residents an opportunity for priority placement in a life care community, under
				which the prospective resident will pay a refundable priority reservation fee.
				A priority reservation agreement does not fall within the meaning of contracts
				or agreements or life care contracts as defined in section
				900.1(e) and (k)
				of this Title. The guarantee of an opportunity for priority placement refers to
				the prospective resident's option to enter into a life care contract based on
				his or her sequential placement on the waiting list and is limited to the
				extent that he or she meets the community's admission eligibility requirements
				when a placement becomes available.
(b) A priority reservation fee shall mean the
				refundable sum of money paid by a prospective resident for deposit with the
				escrow agent for a prospective life care community applicant, an applicant for
				a certificate of authority or an operator pursuant to a priority reservation
				agreement.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter VII - Life Care Communities › Part 903 - Priority Reservation Agreements › Section 903.2 - Purposes

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Prior to the
				issuance of a certificate of authority, authorization shall be granted by the
				commissioner pursuant to section
				903.4 of this Part to a
				prospective applicant or an applicant for a certificate of authority for the
				purposes of:
(1) testing the market demand
				for the proposed community; and
(2)
				allowing prospective residents to place their names on a waiting list for
				admission to the proposed community and to apply the reservation fee on
				priority basis to an actual entrance fee or entrance fee deposit if and when
				the applicant is issued a certificate of authority pursuant to section
				900.7 of this Title.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter VII - Life Care Communities › Part 903 - Priority Reservation Agreements › Section 903.4 - Commissioner's authorization

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In
				order to approve a priority reservation application submitted pursuant to
				section 903.3 of this Part, the
				commissioner shall have determined that the prospective applicant or applicant
				or in the case of an existing life care community operating under a certificate
				of the authority, the operator:
(1) has
				complied with all applicable requirements of this Part;
(2) has demonstrated the capability of
				conducting an analysis of the market demand for the proposed life care
				community, if applicable; and
(3)
				can be expected to meet its obligations pursuant to this Part and in accordance
				with any priority reservation agreements entered into with prospective
				residents.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter VII - Life Care Communities › Part 903 - Priority Reservation Agreements › Section 903.5 - Escrow of priority reservation fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) As a condition of receiving the
				commissioner's authorization pursuant to section
				903.4 of this Part, the
				prospective applicant or applicant or in the case of an existing community, the
				operator shall:
(1) establish a government
				insured interest-bearing account or accounts which earn interest at a rate
				consistent with prevailing rates; and
(2) enter into an escrow agreement with a New
				York bank, New York savings and loan association or a New York trust company
				for the direct deposit of all priority reservation fees collected pursuant to
				this Part. Such agreement shall state that:
(i) in the case of a prospective applicant or
				an applicant which has not yet been issued a certificate of authority, the
				purpose of the agreement is to protect prospective residents who have paid
				priority reservation fees for the purpose of allowing the applicant or
				prospective applicant to test the market demand for the proposed community
				and/or to allow the prospective residents to place their names on a priority
				waiting list for the proposed community; or
(ii) in the case of an existing community
				operating under a certificate of authority, the purpose of the agreement is to
				protect prospective residents who have paid priority reservation fees to the
				operator in order to place their names on a priority waiting list for admission
				to the community; and
(iii) the
				escrow agent shall release all or a portion of the reservation fees on deposit,
				including interest earned from the investment of the funds at the prevailing
				rates, to the operator, prospective residents or the prospective residents'
				legal representatives upon presentation of evidence of compliance with
				subdivision (e), (f), (g) or (h) of this section within 15 business days of
				receipt by the escrow agent of such written notice or upon order of a court of
				competent jurisdiction.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter VII - Life Care Communities › Part 903 - Priority Reservation Agreements › Section 903.7 - Marketing materials

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For
				purposes of this section, marketing materials shall mean any financial
				statement, pamphlet, circular, graphic, form letter, or other sales literature
				or advertising communication intended for or directed to prospective residents
				of the life care community or proposed life care community or to the general
				public.
(b) All marketing
				materials, including all materials associated with a sales office and model
				units, used in the solicitation of priority reservation agreements and priority
				reservation fees shall, at a minimum, contain the following statements:
(1) The purpose of the marketing material is:
(i) in the case of a proposed community, to
				test the market demand for the proposed community and to allow prospective
				residents to place their names on a priority waiting list for admission to the
				community; or
(ii) in the case of
				an existing community operating under a life care contract, to allow
				prospective residents to place their names on a priority waiting list for
				admission to the community.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter VIII - Official New York State Prescription Forms › Part 910 - Official New York State Prescription Forms › Section 910.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For the purpose
				of this section, the following terms have the following meanings:
(1) Prescription means:
(i) a prescription pursuant to section 6810
				of the New York State Education Law and section 21 and article 33 of the New
				York State Public Health Law; or
(ii) an electronic prescription that utilizes
				standards established by the department and may include compliance with section
				63.6(a)(7)  of
				Title 8 NYCRR; or
(iii) an
				out-of-state prescription, which means a prescription issued by a practitioner
				in another state who is licensed by that state to prescribe, or a prescription
				issued by a practitioner in a Federal facility exempted by the department from
				the requirement to issue official New York State prescriptions, provided such
				practitioner is authorized by that facility to prescribe.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter VIII - Official New York State Prescription Forms › Part 910 - Official New York State Prescription Forms › Section 910.3 - Registration

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Registration of
				practitioners and facilities.
(1) Effective
				April 19, 2006, practitioners and facilities shall register with the department
				in order to be issued official New York State prescription forms or facility
				labels. Such registration shall include, but not be limited to, the primary
				address and the address of each place of business to be imprinted on official
				New York State prescription forms. Any change to a practitioner's or a
				facility's registered address shall be promptly reported to the department by
				the practitioner or facility in a manner approved by the department.
(2) A practitioner's or a facility's
				registration shall be without fee and subject to approval by the department.
				Such registration shall be valid for a period of two years and may be denied,
				suspended or revoked upon a finding by the department that the registered
				practitioner or registered facility has had any license to practice a medical
				profession or certification to operate a facility terminated, revoked or
				suspended by any State or Federal agency.
(3) A registered practitioner or registered
				facility whose registration is revoked or suspended shall be notified in
				writing setting forth the reasons and basis for the department's action. The
				effective date of the action shall be at a minimum of five days after the date
				of the written notification. The registered practitioner or registered facility
				shall have the right to submit written arguments within 30 days of the date of
				written notification that the department's decision was based on mistake of
				fact. Such submission shall not stay the department's action and the department
				shall review any such submission and notify the registered facility or
				registered practitioner of its decision within 60 days of the date of
				submission of any written arguments.
(4) Where the department has revoked the
				registration of a registered facility or registered practitioner, it may revoke
				or cancel any official New York State prescription forms or facility labels in
				the possession of the registered facility or registered practitioner. Any
				revocation or any suspension shall require the practitioner or facility to
				return all unused official New York State prescription forms or facility
				labels, within 15 days after the date of the written notification.
(5) A facility or practitioner that has had
				any license to practice or certification to operate a facility terminated,
				revoked, or suspended by a State or Federal agency may, upon restoration of
				such license or certificate, register to be issued official New York State
				prescription forms or facility labels.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter VIII - Official New York State Prescription Forms › Part 910 - Official New York State Prescription Forms › Section 910.4 - Issuance of official new york state prescription forms and facility labels

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Issuance of
				official New York State prescription forms to registered practitioners or
				official New York State prescription forms or facility labels to registered
				facilities.
(1) The department will issue
				official New York State prescription forms free of charge only to registered
				practitioners and registered facilities in this State. The department will
				issue facility labels free of charge only to registered facilities exempted
				under section
				910.2(a) of this
				Part. Such forms and labels shall not be transferable. The number of official
				prescription forms or facility labels issued to a registered practitioner or
				registered facility at any time shall be at the discretion of the
				department.
(2) Official New York
				State prescription forms shall be imprinted only with the primary address and
				other addresses listed on the registration of the facility or practitioner.
				Such prescriptions and facility labels shall be sent only to the primary
				address of the registered practitioner or registered facility.
(3) Official New York State prescription
				forms issued to a practitioner may be used only by the practitioner(s) to whom
				they are issued. Official prescriptions or facility labels issued to a facility
				may be used by staff practitioners only for patients of the registered
				facility.
(4) The department may
				determine that certain official New York State prescription forms or facility
				labels shall be valid for a limited period of time.
(5) The department may revoke or cancel
				official New York State prescription forms or facility labels in possession of
				registered practitioners or registered facilities when the license of such
				practitioner or facility is suspended, terminated, or revoked.
(6) Official New York State prescription
				forms or facility labels of registered facilities that are no longer operating
				or of registered practitioners who are deceased or who no longer prescribe
				shall be returned to the Bureau of Narcotic Enforcement, NYS Department of
				Health or its designee, at a designated address. If the registered practitioner
				is deceased, it is the responsibility of the registered practitioner's estate
				or lawful designee to return such forms.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter VIII - Official New York State Prescription Forms › Part 910 - Official New York State Prescription Forms › Section 910.5 - Safeguarding of prescriptions and facility labels

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Safeguarding of official New York State
				prescription forms and facility labels by registered practitioners and
				registered facilities.
(1) Adequate
				safeguards and security measures shall be undertaken by registered
				practitioners holding official New York State prescription forms to assure
				against the loss, destruction, theft, or unauthorized use of the forms.
				Registered practitioners shall maintain a sufficient but not excessive supply
				of such forms in reserve.
(2)
				Registered practitioners and registered facilities shall immediately notify the
				department, in a manner designated by the department, upon their knowledge of
				the loss, destruction, theft or unauthorized use of any official New York State
				prescription forms or facility labels issued to them, as well as the failure to
				receive official New York State prescription forms or facility labels within a
				reasonable time after ordering them from the department.
(3) Registered practitioners and registered
				facilities shall immediately notify the department upon their knowledge of any
				diversion or suspected diversion of drugs pursuant to the loss, theft, or
				unauthorized use of prescriptions or facility labels.
(4) It is the responsibility of a registered
				facility to obtain all official prescription forms and facility labels for use,
				to assign such forms and labels to its staff practitioners and to ensure the
				security of all such forms and labels. Registered facilities obtaining official
				New York State prescription forms and facility labels shall establish a system
				of control and security which will include at a minimum, the following:
(i) a record of all such forms and labels
				received;
(ii) a record of all such
				forms and labels assigned to its staff practitioners;
(iii) a system requiring that such forms and
				labels be secure when not in use;
(iv) a system whereby such forms and labels
				are surrendered to the registered facility by the staff practitioner if the
				staff practitioner to whom they were assigned terminates his affiliation with
				the registered facility; and
(v) a
				system whereby the registered facility has a sufficient but not excessive
				number of such forms and labels in reserve for use by the registered
				facility.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter VIII - Official New York State Prescription Forms › Part 910 - Official New York State Prescription Forms › Section 910.6 - Dispensing upon official new york state prescription and out-of-state prescription

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Dispensing.
(1) A licensed, registered
				pharmacist, or a pharmacy intern acting in conformity with the provisions of
				section
				6806 of the
				Education Law and regulations thereunder in a registered pharmacy may, in good
				faith and in the course of his or her professional practice, sell and dispense
				a drug pursuant to an official New York State prescription, an out- of-state
				prescription, or a prescription issued in accordance with section
				910.2(d) of this
				Part from a registered facility exempted by the department from the requirement
				for its staff practitioners to prescribe on an official New York State
				prescription. Such dispensing shall be in conformity with section 6810 of the
				New York State Education Law and section 21 and article 33 of the New York
				State Public Health Law.
(2)
				Effective until October 19, 2006, such pharmacist or pharmacy intern may
				dispense a written prescription that has not been issued on an official New
				York State prescription or an out-of-state prescription provided that:
(i) the prescription is not for a controlled
				substance;
(ii) the prescription is
				treated as a written memorandum of an oral prescription; and
(iii) the pharmacy notifies the department of
				the name of the prescribing practitioner in a manner approved by the
				department.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter IX - Physician Profiling › Part 1000 - Physician Profiles › Section 1000.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For purposes of making individual physician profiles
				  available for dissemination to the public, pursuant to the provisions of
				  section
				  2995-a of
				  the Public Health Law, the following definitions shall apply:
(a) Board certification means a specialty or
				subspecialty in which a physician is certified by the American Board of Medical
				Specialties (ABMS), American Osteopathic Association (AOA), or Royal College of
				Physicians and Surgeons of Canada (RCPSC).
(b) Concise statement means a typewritten
				statement not exceeding 1,000 words which relates solely to information
				contained in the physician's profile. Statements which include the following
				prohibited language shall not be published with a physician's profile:
(1) potentially defamatory information that
				includes names of specific individuals or groups of individuals or any
				potentially defamatory information that could result in identification of an
				individual or individuals other than the physician who is making the concise
				statement;
(2) general statements
				relating to physician disciplinary or judicial processes; or
(3) statements that do not relate to the
				factual information contained in the physician's profile.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter IX - Physician Profiling › Part 1000 - Physician Profiles › Section 1000.2 - Criminal convictions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				department shall collect and make available to the public, and physicians shall
				submit, if applicable, information regarding criminal convictions within the
				most recent 10 years for any and all offenses under the laws of New York State
				or any other jurisdiction.
(1) Offenses shall
				include only felonies or misdemeanors, as defined under the laws of the
				jurisdiction within which such felonies or misdemeanors take place.
(2) Conviction means the entry of a plea of
				guilty to, or a verdict of guilty upon, an accusatory instrument other than a
				felony complaint, or to one or more counts of such instrument, as defined in
				section 1.20 of the Criminal Procedure
				Law.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter IX - Physician Profiling › Part 1000 - Physician Profiles › Section 1000.3 - Malpractice awards, judgments and settlements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Collection. The department shall collect
				and physicians shall submit, if applicable, the following information regarding
				all medical malpractice court judgments, arbitration awards and malpractice
				settlements within the most recent 10 years in which a payment has been awarded
				or made to a complaining party:
(1) date of
				each award, judgment or settlement, determined as follows:
(i) for arbitration awards, the date the
				arbitrator issued the award;
(ii)
				for judgments, the date of entry of the judgment; and
(iii) for settlements, the date of entry of
				the stipulation or, if no entry, the last date on which any person signed the
				settlement document;