§ 4615 — Revocation, suspension or annulment of certificate of authority

New York § 4615

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

Text

* § 4615. Revocation, suspension or annulment of certificate of\nauthority. 1. The council may revoke, suspend, limit or annul the\ncertificate of authority of an operator upon proof that:\n a. The operator failed to continue to meet the requirements for the\nauthority originally granted;\n b. The operator lacked one or more of the qualifications for the\ncertificate of authority as specified by this article;\n c. The operator made a material misstatement, misrepresentation, or\ncommitted fraud in obtaining the certificate of authority, or in\nattempting to obtain the same;\n d. The operator lacked fitness or was untrustworthy;\n e. The operator engaged in fraudulent or dishonest practices of\nmanagement in the conduct of business under the certificate of\nauthority;\n f. The operator converted or withheld funds;\n g. The operator failed to comply with, or violated, any proper order,\nrule or regulation of the council or violated any provision of this\narticle;\n h. The unsound business practices of the operator renders its further\ntransactions in this state hazardous or injurious to the public;\n i. The operator has refused to be examined or to produce its accounts,\nrecords, and files for examination, or its officers, employees, or\ncontrolling persons have refused to give information with respect to the\naffairs of the community or to perform any other legal obligation as to\nsuch examination;\n j. The superintendent of financial services has made a determination\nthat the operator is insolvent within the meaning of section one\nthousand three hundred nine of the insurance law; or\n k. The commissioner has found violations of applicable statutes, rules\nor regulations which threaten to affect directly the health, safety, or\nwelfare of a resident.\n 2. No certificate of authority shall be revoked, suspended, limited or\nannulled without a hearing, except that a certificate of authority may\nbe temporarily suspended or limited prior to a hearing for a period not\nin excess of sixty days upon written notice to the operator following a\nfinding by the commissioner that the public health or safety is in\nimminent danger or there exists any condition or practice or a\ncontinuing pattern of conditions or practices that pose an imminent\ndanger to the health or safety of any resident. Any delay in the hearing\nprocess occasioned by the operator shall toll the running of said\nsuspension or limitation and shall not abridge the full time provided in\nthis subdivision.\n 3. Any state agency which seeks to revoke, suspend, limit or annul the\ncertificate of authority or any other license or certificate required to\nbe obtained by an operator of a continuing care retirement community\npursuant to law, shall request the council to commence a hearing\npursuant to this section.\n 4. The council shall fix a time and place for the hearing. The\ncommissioner shall cause to be served in person or mailed by registered\nor certified mail to the operator at least ten days before the date\nfixed for the hearing a copy of the charges, together with the notice of\nthe time and place of the hearing. The operator shall file with the\ncommissioner not less than three days prior to the hearing a written\nanswer to the charges. The agency which initiated the proceeding shall\nbe responsible for providing evidence in support of the charges to the\ncommissioner in order to prepare a statement of charges and shall\nprovide evidence in support of the charges at the hearing.\n 5. All orders hereunder shall be subject to review as provided in\narticle seventy-eight of the civil practice law and rules. Application\nfor such review must be made within sixty days after service in person\nor by registered or certified mail of a copy of the order upon the\noperator.\n * NB Effective until June 1, 2026\n * § 4615. Revocation, suspension or annulment of certificate of\nauthority. 1. The commissioner may revoke, suspend, limit or annul the\ncertificate of authority of an operator upon proof that:\n a. The operator failed to continue to meet the requirements for the\nauthority originally granted;\n b. The operator lacked one or more of the qualifications for the\ncertificate of authority as specified by this article;\n c. The operator made a material misstatement, misrepresentation, or\ncommitted fraud in obtaining the certificate of authority, or in\nattempting to obtain the same;\n d. The operator lacked fitness or was untrustworthy;\n e. The operator engaged in fraudulent or dishonest practices of\nmanagement in the conduct of business under the certificate of\nauthority;\n f. The operator converted or withheld funds;\n g. The operator failed to comply with, or violated, any proper order,\nrule or regulation of the council or violated any provision of this\narticle;\n h. The unsound business practices of the operator renders its further\ntransactions in this state hazardous or injurious to the public;\n i. The operator has refused to be examined or to produce its accounts,\nrecords, and files for examination, or its officers, employees, or\ncontrolling persons have refused to give information with respect to the\naffairs of the community or to perform any other legal obligation as to\nsuch examination;\n j. The commissioner has made a determination that the operator is\ninsolvent within the meaning of section one thousand three hundred nine\nof the insurance law; or\n k. The commissioner has found violations of applicable statutes, rules\nor regulations which threaten to affect directly the health, safety, or\nwelfare of a resident.\n 2. No certificate of authority shall be revoked, suspended, limited or\nannulled without a hearing, except that a certificate of authority may\nbe temporarily suspended or limited prior to a hearing for a period not\nin excess of sixty days upon written notice to the operator following a\nfinding by the commissioner that the public health or safety is in\nimminent danger or there exists any condition or practice or a\ncontinuing pattern of conditions or practices that pose an imminent\ndanger to the health or safety of any resident. Any delay in the hearing\nprocess occasioned by the operator shall toll the running of said\nsuspension or limitation and shall not abridge the full time provided in\nthis subdivision.\n 3. Any state agency which seeks to revoke, suspend, limit or annul the\ncertificate of authority or any other license or certificate required to\nbe obtained by an operator of a continuing care retirement community\npursuant to law, shall request the commissioner to commence a hearing\npursuant to this section.\n 4. The commissioner shall fix a time and place for the hearing. The\ncommissioner shall cause to be served in person or mailed by registered\nor certified mail to the operator at least ten days before the date\nfixed for the hearing a copy of the charges, together with the notice of\nthe time and place of the hearing. The operator shall file with the\ncommissioner not less than three days prior to the hearing a written\nanswer to the charges. The agency which initiated the proceeding shall\nbe responsible for providing evidence in support of the charges to the\ncommissioner in order to prepare a statement of charges and shall\nprovide evidence in support of the charges at the hearing.\n 5. All orders hereunder shall be subject to review as provided in\narticle seventy-eight of the civil practice law and rules. Application\nfor such review must be made within sixty days after service in person\nor by registered or certified mail of a copy of the order upon the\noperator.\n * NB Effective June 1, 2026\n