§ 4614 — Audits

New York § 4614

• Jurisdiction: New York
• Law PBH: Public Health
• Art. 46: Continuing Care Retirement Communities

Text

§ 4614. Audits. * 1. The commissioner, or designee; and the\nsuperintendent, or designee; may at any time, and shall at least once\nevery three years, visit each community and examine the business of any\napplicant for a certificate of authority and any operator engaged in the\nexecution of continuing care retirement contracts or continuing care at\nhome contracts or engaged in the performance of obligations under such\ncontracts. Routine examinations may be conducted by having documents\ndesignated by and submitted to such commissioners or superintendent,\nwhich shall include financial documents and records conforming to\ncommonly accepted accounting principles and practices. The final written\nreport of each such examination conducted by such commissioners or\nsuperintendent shall be filed with the commissioner and, when so filed,\nshall constitute a public record. A copy of each report shall be\nprovided to members of the continuing care retirement community council.\nAny operator being examined shall, upon request, give reasonable and\ntimely access to all of its records. The representative or examiner\ndesignated by the commissioners or superintendent, respectively, may, at\nany time, examine the records and affairs and inspect the community's\nfacilities, whether in connection with a formal examination or not.\n * NB Effective until June 1, 2026\n * 1. The commissioner, or designee may at any time, and shall at least\nonce every three years, visit each community and examine the business of\nany applicant for a certificate of authority and any operator engaged in\nthe execution of continuing care retirement contracts or continuing care\nat home contracts or engaged in the performance of obligations under\nsuch contracts. Routine examinations may be conducted by having\ndocuments designated by and submitted to such commissioner, which shall\ninclude financial documents and records conforming to commonly accepted\naccounting principles and practices. The final written report of each\nsuch examination conducted by such commissioner shall be filed with the\ncommissioner and, when so filed, shall constitute a public record. A\ncopy of each report shall be provided to members of the continuing care\nretirement community council. Any operator being examined shall, upon\nrequest, give reasonable and timely access to all of its records. The\nrepresentative or examiner designated by the commissioner may, at any\ntime, examine the records and affairs and inspect the community's\nfacilities, whether in connection with a formal examination or not.\n * NB Effective June 1, 2026\n * 2. Any duly authorized officer, employee, or agent of the health\ndepartment, or department of financial services may, upon presentation\nof proper identification, have access to, and inspect, any records\nmaintained by the community relevant to the respective agency's\nregulatory authority, with or without advance notice, to secure\ncompliance with, or to prevent a violation of, any provision of this\narticle.\n * NB Effective until June 1, 2026\n * 2. Any duly authorized officer, employee, or agent of the department\nmay, upon presentation of proper identification, have access to, and\ninspect, any records maintained by the community relevant to the\nagency's regulatory authority, with or without advance notice, to secure\ncompliance with, or to prevent a violation of, any provision of this\narticle.\n * NB Effective June 1, 2026\n 3. Reports of the results of such examinations and inspections shall\nbe kept on file by the commissioner and shall be open to public\ninspection at the community, provided any records, reports, or documents\nwhich by state or federal law or regulation are deemed confidential may\nnot be distributed or made available unless and until such confidential\nstatus has expired.\n