N.Y. Public Health Law 4605 – Certificate of authority; authority of operator
§ 4605. Certificate of authority; authority of operator. 1. A certificate of authority shall authorize an operator:
Terms Used In N.Y. Public Health Law 4605
- certificate of authority: shall mean an authorization in writing, approved by the council and issued by the commissioner, for an operator to operate a continuing care retirement community and to enter into continuing care retirement contracts and continuing care at home contracts pertaining to such community. See N.Y. Public Health Law 4601
- Commissioner: shall mean the commissioner of health. See N.Y. Public Health Law 4601
- community: shall mean a facility or facilities established to provide a comprehensive, cohesive living arrangement for the elderly, oriented to the enhancement of the quality of life and which, pursuant to a contract, at a minimum:
a. See N.Y. Public Health Law 4601 - 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 article. See N.Y. Public Health Law 4601
- Facility: shall mean any place in which an operator undertakes to provide a resident with the services of a 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 4601
- Operator: shall mean a legal entity operating a continuing care retirement community pursuant to a certificate of authority. See N.Y. Public Health Law 4601
- Social services: shall mean those services which may include, but not be limited to counseling, case management, and information and referral. See N.Y. Public Health Law 4601
a. to operate a 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 section forty-six hundred eight 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.