§ 4605 — Certificate of authority; authority of operator

§ 4605. Certificate of authority; authority of operator. 1. A\ncertificate of authority shall authorize an operator:\n a. to operate a continuing care retirement community and to enter into\ncontracts pertaining to such community;\n b. to prepare and make public information that details the terms of\nany contract relating to a community;\n c. to advertise the community and the related services that will be\nprovided pursuant to this article; and\n d. to offer and execute contracts, including the collection of\nentrance fees and deposits pursuant to section forty-six hundred eight\nof this article.\n 2. a. The commissioner, in consultation with the council, may\nauthorize an operator of a community with an on-site or affiliated\nresidential health care facility to provide, for a limited period,\nresidential health care facility services to persons, who are not\nresidents of the community, provided, however, that the operator shall\nnot discriminate in the admission, retention or care of any such person\nbecause such person is or will be eligible for, or receives or will\nreceive, medical assistance benefits pursuant to title eleven of article\nfive of the social services law.\n b. The commissioner, in consultation with the council, may authorize\nan operator of a community with an on-site or affiliated adult care\nfacility to provide, for a limited period, adult care facility services\nto persons, who are not residents of the community, provided, however,\nthat the operator shall not discriminate in the admission, retention or\ncare of any such person because such person is or will be eligible for,\nor receives or will receive, medical assistance benefits pursuant to\ntitle eleven of article five of the social services law or supplemental\nsecurity income benefits pursuant to title sixteen of the federal social\nsecurity act and any additional state payments made under title six of\narticle five of the social services law.\n