N.Y. Public Health Law 4656 – Certificate of authority; authority of operator
* § 4656. Certificate of authority; authority of operator. 1. A certificate of authority shall authorize an operator:
Terms Used In N.Y. Public Health Law 4656
- certificate of authority: shall mean an authorization in writing, approved by the council and issued by the commissioner, for an operator to operate a fee-for-service continuing care retirement community and to enter into fee-for-service continuing care contracts pertaining to such community. See N.Y. Public Health Law 4651
- Community: shall mean a fee-for-service continuing care retirement community established pursuant to this article. See N.Y. Public Health Law 4651
- Contract: A legal written agreement that becomes binding when signed.
- Council: shall mean the continuing care retirement community council, established pursuant to section forty-six hundred two of this chapter. See N.Y. Public Health Law 4651
- Facility: shall mean any place in which an operator undertakes to provide a resident with the services of a fee-for-service continuing care retirement community, pursuant to a contract, whether such place is constructed, owned, leased, rented or otherwise contracted for by the operator. See N.Y. Public Health Law 4651
- On-site: shall mean that, unless the context clearly requires otherwise, the services specified in paragraph a of this subdivision be provided at the facility. See N.Y. Public Health Law 4651
- Operator: shall mean a legal entity operating a fee-for-service continuing care retirement community pursuant to a certificate of authority, as granted pursuant to section forty-six hundred fifty-six of this article. See N.Y. Public Health Law 4651
- Social services: shall mean those services which may include, but are not limited to counseling, case management, and information and referral. See N.Y. Public Health Law 4651
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 5 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 5 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 5 of the social services law.
* NB There are 2 § 4656's