§ 4602 — Commissioner; powers and duties

§ 4602. Commissioner; powers and duties. The commissioner shall have\nthe following powers and duties:\n a. to receive applications from potential operators of continuing care\nretirement communities and to distribute such applications for review to\nthe participating agencies;\n b. to develop uniform forms for applications for certificates of\nauthority, to review the status of such applications, and to coordinate\nthe review of such applications in order to minimize duplication or\ndelay;\n c. to provide information to entities wishing to establish continuing\ncare retirement communities and to persons interested in becoming\nresidents of such communities, to the extent appropriate, with concerns\nrelating to the operation of such facilities;\n d. to issue certificates of authority to approved applicants;\n e. to approve or reject applications to obtain a certificate of\nauthority for the establishment and operation of a continuing care\nretirement community. In reviewing applications, the commissioner shall\nconsider the extent to which the applications reflect various\nsponsorships, organizational structures, geographic dispersion, and the\npublic benefit. In determining the public benefit of a community\nrequiring construction of a total nursing facility component greater\nthan or equal to ninety beds, the commissioner shall obtain and consider\nthe recommendation of the public health and health planning council with\nregard to the effect of the construction of the community's nursing\nfacility beds upon existing facilities in the same geographic area;\n f. to require the reporting of such facts and information as the\ncommissioner may deem necessary to enforce the provisions of this\narticle;\n g. to coordinate the oversight of operating communities and to assign\nreview and regulatory responsibility for particular aspects of such\ncommunities to the appropriate agencies, consistent with their legal\nauthority, to assure consistent state supervision without duplication of\ninspection or regulatory review;\n h. to make such recommendations to the governor and the legislature as\nmay be necessary to encourage or further regulate the development of\ncontinuing care retirement communities;\n i. to establish and charge equitable and reasonable annual charges for\noperators, not to exceed fifty dollars per approved living unit, to\nsubsidize, in part, expenditures incurred in reviewing applications for\ncertificates of authority and in inspecting, regulating, supervising and\nauditing continuing care retirement communities;\n j. to adopt rules and regulations and amendments thereto to effectuate\nthe provisions of this article;\n k. to revoke, suspend, limit, or annul a certificate of authority\nunder conditions set forth in section forty-six hundred fifteen of this\narticle, including when such action is taken at the specific request of\nany participating council agency.\n l. to carry out any other responsibilities entrusted to the\ncommissioner pursuant to this chapter that may be necessary with regard\nto the health care activities of continuing care retirement communities;\n m. to make available to all prospective operators all pertinent\nregulations regarding health and insurance necessary to comply with this\narticle;\n n. to approve or reject applications for authorization by prospective\ncontinuing care retirement community applicants, entities that have\nfiled an application for a certificate of authority and operators, to\nenter into cancellable priority reservation agreements and to collect\nrefundable priority reservation fees from prospective residents;\n o. to require the reporting of such facts and information as the\ncommissioner may deem necessary to determine whether characteristics of\nresidential health care demonstration facilities such as comprehensive\nsystems of residential and support services for the elderly may be\nsuccessfully incorporated into existing or approved continuing care\nretirement communities;\n p. to review and approve or reject applications by continuing care\nretirement community operators to use entrance fees to assist the\noperator in financing the construction or purchase of a proposed\ncontinuing care retirement community in accordance with paragraph b of\nsubdivision six of section forty-six hundred ten of this article; and\n q. to review and approve or reject any proposed financing by\nindustrial development agencies of continuing care retirement\ncommunities pursuant to article eighteen-A of the general municipal law\nas authorized by section forty-six hundred four-a of this article.\n