Bill Text: NY S02118 | 2013-2014 | General Assembly | Amended


Bill Title: Relates to the ability of continuing care retirement communities to offer seniors additional service options.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Engrossed - Dead) 2014-05-20 - SUBSTITUTED BY A4611B [S02118 Detail]

Download: New_York-2013-S02118-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        2118--B
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   January 11, 2013
                                      ___________
       Introduced  by  Sens. RANZENHOFER, DeFRANCISCO, LIBOUS -- read twice and
         ordered printed, and when printed to be committed to the Committee  on
         Health -- reported favorably from said committee, ordered to first and
         second report, ordered to a third reading, passed by Senate and deliv-
         ered  to  the Assembly, recalled, vote reconsidered, restored to third
         reading, amended and ordered reprinted, retaining  its  place  in  the
         order  of  third  reading -- recommitted to the Committee on Health in
         accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
         amended,  ordered reprinted as amended and recommitted to said commit-
         tee
       AN ACT to amend the public health law, in relation to ability of contin-
         uing care retirement communities to offer seniors  additional  service
         options
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivisions 2-a, 2-b, 3, 8, 10 and 10-a of section 4601 of
    2  the public health law, subdivision 2-a as added and subdivisions 3 and 8
    3  as amended by chapter 659 of  the  laws  of  1997,  subdivision  2-b  as
    4  amended  by  chapter 523 of the laws of 2011, subdivision 10 as added by
    5  chapter 689 of the laws of 1989, and subdivision 10-a as added by  chap-
    6  ter 401 of the laws of 2003, are amended and three new subdivisions 7-a,
    7  7-b and 7-c are added to read as follows:
    8    2-a.  "Continuing  care  retirement  COMMUNITY  contract" shall mean a
    9  single contract to provide a person the services provided by a  continu-
   10  ing care retirement community.
   11    2-b.  "Continuing care retirement community" or "community" shall mean
   12  a facility or facilities established to provide a  comprehensive,  cohe-
   13  sive  living arrangement for the elderly, oriented to the enhancement of
   14  the quality of life and which, pursuant to the terms of  the  continuing
   15  care RETIREMENT COMMUNITY contract, at a minimum:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05244-08-4
       S. 2118--B                          2
    1    a.  provides, OR SUPPORTS THROUGH CONTINUING CARE AT HOME, independent
    2  living units, and [provides a]  meal  plan  OPTIONS.    The  independent
    3  living  unit  can be made available either through a non-equity arrange-
    4  ment or through an equity arrangement including, but not  limited  to  a
    5  cooperative  or  condominium. For purposes of this article, the purchase
    6  price of an independent living unit in an equity arrangement, regardless
    7  of the form of the purchase agreement, shall not be considered an  entry
    8  fee  for  purposes  of  calculating  reserve  liabilities,  but shall be
    9  considered an entry fee for escrow purposes;
   10    b. provides a range of health care and  social  services,  subject  to
   11  such  terms  as may be included within the contract, which shall include
   12  adult care facility services of an  on-site  or  affiliated  adult  care
   13  facility, and at a minimum, sixty days of prepaid services of an on-site
   14  or  affiliated  nursing  facility  for  residents not receiving services
   15  under a fee-for-service contract;
   16    c. provides access to health services  as  defined  in  the  contract,
   17  prescription drugs, and rehabilitation services;
   18    d. nothing in this article shall eliminate the obligation of a contin-
   19  uing care retirement community to provide at least sixty days of prepaid
   20  nursing  facility services to all residents, with the exception of resi-
   21  dents receiving services under the terms of a fee-for-service continuing
   22  care contract as defined in this section. The prepaid days must  include
   23  the  first  sixty  days  of  nursing  facility  services, whether or not
   24  consecutive, not covered by Title XVIII of the federal  social  security
   25  act; and
   26    e.  communities  established  under this article and offering fee-for-
   27  service continuing care contracts must offer, along with  such  fee-for-
   28  service  continuing  care  contracts,  life  care and/or continuing care
   29  contracts as defined in subdivision eight-a of this section.
   30    3. "Contracts" or "agreements" shall mean CONTINUING CARE AT  HOME  OR
   31  continuing  care retirement COMMUNITY contracts as defined in this arti-
   32  cle.
   33    7-A. "CONTINUING CARE AT HOME CORPORATION" SHALL MEAN A NOT-FOR-PROFIT
   34  CORPORATION AFFILIATED  WITH  A  CONTINUING  CARE  RETIREMENT  COMMUNITY
   35  CAMPUS PROVIDER THROUGH WHICH CONTRACT HOLDERS PAY AN ENTRANCE FEE AND A
   36  MONTHLY  FEE,  BOTH  OF  WHICH  WOULD CORRESPOND TO THE LEVEL OF SERVICE
   37  CHOSEN BY THE CONTRACT HOLDER.
   38    7-B. "CONTINUING CARE AT HOME CONTRACT" SHALL MEAN A  SINGLE  CONTRACT
   39  TO PROVIDE A PERSON WITH LONG TERM CARE SERVICES AND SUPPORTS BASED UPON
   40  AN  INDIVIDUAL'S  NEEDS  AND  COORDINATED BY A CASE MANAGER, WHICH SHALL
   41  INCLUDE SERVICES PROVIDED TO THE INDIVIDUAL IN HIS OR HER RESIDENCE  AND
   42  SERVICES  OF  THE AFFILIATED COMMUNITY'S NURSING FACILITY AND ADULT CARE
   43  FACILITY, OR AFFILIATED FACILITIES.
   44    7-C. A. "CONTINUING CARE AT HOME" CORPORATIONS PROVIDING SERVICES IN A
   45  NURSING HOME AS DEFINED IN SECTION  TWENTY-EIGHT  HUNDRED  ONE  OF  THIS
   46  CHAPTER MUST BE LICENSED UNDER ARTICLE TWENTY-EIGHT AND SHALL BE SUBJECT
   47  TO THE PROVISIONS AND STANDARDS OF SUCH ARTICLE.
   48    B. "CONTINUING CARE AT HOME" CORPORATIONS PROVIDING HOME CARE SERVICES
   49  AS  DEFINED  IN  SECTION  THIRTY-SIX HUNDRED TWO OF THIS CHAPTER MUST BE
   50  LICENSED UNDER ARTICLE THIRTY-SIX AND SHALL BE SUBJECT TO THE PROVISIONS
   51  AND STANDARDS OF SUCH ARTICLE.
   52    8. "Life care contract" shall mean a single continuing care retirement
   53  COMMUNITY contract OR A CONTINUING CARE AT HOME CONTRACT  to  provide  a
   54  person, for the duration of such person's life, the services provided by
   55  the  continuing care retirement community OR THE CONTINUING CARE AT HOME
   56  CORPORATION, which services shall  include  unlimited  services  of  [an
       S. 2118--B                          3
    1  on-site or affiliated nursing facility] THE AFFILIATED COMMUNITY'S NURS-
    2  ING  FACILITY  OR  AFFILIATED NURSING HOME.  Such term also shall mean a
    3  single continuing  care  retirement  COMMUNITY  contract  to  provide  a
    4  person, for the duration of such person's life, the services provided by
    5  the  continuing  care retirement community under an arrangement in which
    6  the costs of the residents' unlimited nursing home or home [health] care
    7  services are paid for in whole or in part by a long term care  insurance
    8  policy  approved  by  the  superintendent  in accordance with applicable
    9  regulations or  by  long  term  care  insurance  or  medical  assistance
   10  payments  in  accordance with the partnership for long term care program
   11  pursuant to the provisions of section three hundred sixty-seven-f of the
   12  social services law, section three thousand two hundred  twenty-nine  of
   13  the  insurance law and section four thousand six hundred twenty-three of
   14  this chapter.
   15    10. "Living unit" shall mean an apartment,  room,  cottage,  or  other
   16  area  within  a community set aside for the exclusive use of one or more
   17  residents, OR IN THE CASE OF A CONTINUING CARE  AT  HOME  CONTRACT,  THE
   18  CONTRACT HOLDER'S PRIVATE RESIDENCE.
   19    [10-a. "Meal plan" shall mean an arrangement whereby the person enter-
   20  ing  into  the  continuing  care retirement contract is provided with no
   21  fewer than five meals per month. Additional meals shall be available  on
   22  a fee-for-service basis.]
   23    S  2.  The  opening  paragraph of subdivision 2 of section 4602 of the
   24  public health law, as amended by chapter 659 of the  laws  of  1997,  is
   25  amended to read as follows:
   26    The  council shall meet as often as may be deemed necessary to fulfill
   27  its responsibilities[, but in no event less than four times  per  year].
   28  The council shall have the following powers and duties:
   29    S  3.  Subdivision  1  of  section 4603-a of the public health law, as
   30  added by chapter 393 of the laws of 1991, is amended to read as follows:
   31    1. The commissioner, upon approval of the [life care] CONTINUING  CARE
   32  RETIREMENT community council and the public health council shall issue a
   33  certificate  of  incorporation  of  up  to three residential health care
   34  demonstration facilities. Notwithstanding any provision of article twen-
   35  ty-eight of this chapter or any other provisions of law to the contrary,
   36  the public health council may approve without regard to the  requirement
   37  of public need as set forth in subdivision three of section twenty-eight
   38  hundred  one-a of this chapter, a certificate of incorporation or appli-
   39  cation for establishment of such facilities.
   40    S 4. Paragraphs d and e and clause (C) of subparagraph (iv)  of  para-
   41  graph j of subdivision 2 of section 4604 of the public health law, para-
   42  graph  d as added by chapter 689 of the laws of 1989 and paragraph e and
   43  clause (C) of subparagraph (iv) of paragraph j as amended by chapter 659
   44  of the laws of 1997, are amended to read as follows:
   45    d. a copy of the proposed forms of contracts to be entered  into  with
   46  residents of the community OR CONTINUING CARE AT HOME CONTRACT HOLDERS;
   47    e. complete details of any agreements with a licensed insurer, includ-
   48  ing copies of proposed contracts, requiring the insurer to assume, whol-
   49  ly  or  in  part,  the  cost of medical or health related services to be
   50  provided to a resident OR  CONTINUING  CARE  AT  HOME  CONTRACT  HOLDERS
   51  pursuant to a continuing care retirement COMMUNITY OR CONTINUING CARE AT
   52  HOME contract;
   53    (C)  is or was subject to a currently effective injunctive or restric-
   54  tive order or federal or state administrative order relating to business
   55  activity or health care as a result of an action  brought  by  a  public
   56  agency or department, including, without limitation, actions affecting a
       S. 2118--B                          4
    1  license to operate a hospital as defined by section twenty-eight hundred
    2  one  of this chapter, or a facility required to be licensed or certified
    3  by the department [of social services]. The statement  shall  set  forth
    4  the court or agency, date of conviction or judgment, the penalty imposed
    5  or damages assessed, or the date, nature and issuer of the order;
    6    S  5.  Paragraphs  b,  c and d of subdivision 4 of section 4604 of the
    7  public health law, as amended and paragraph d as added by chapter 659 of
    8  the laws of 1997, are amended to read as follows:
    9    b. the commissioner [of social services] as to those  aspects  of  the
   10  application relating to adult care facility beds, if any;
   11    c.  the  public health AND HEALTH PLANNING council under section twen-
   12  ty-eight hundred one-a of this chapter as  to  the  establishment  of  a
   13  skilled  nursing  facility by the applicant and as to such other facili-
   14  ties and services as may require the public health AND  HEALTH  PLANNING
   15  council's  approval  of  the  application;  provided,  however, that the
   16  recommendations of the [state hospital review and planning  council  and
   17  the]  health systems agency having geographical jurisdiction of the area
   18  where the continuing care retirement community is located shall  not  be
   19  required  with  respect to the establishment of an on-site or affiliated
   20  residential health care facility to  serve  residents  as  part  of  the
   21  continuing  care  retirement  community,  for  up to the total number of
   22  residential health care facility beds provided for in  subdivision  five
   23  of this section in communities statewide;
   24    d.  the  commissioner  under  section twenty-eight hundred two of this
   25  chapter; provided, however, that,  the  recommendations  of  the  [state
   26  hospital  review  and] PUBLIC HEALTH AND HEALTH planning council and the
   27  health systems agency having geographical jurisdiction of the area where
   28  the continuing  care  retirement  community  is  located  shall  not  be
   29  required  with  respect  to the construction of an on-site or affiliated
   30  residential health care facility to  serve  residents  as  part  of  the
   31  continuing  care  retirement  community,  for  up to the total number of
   32  residential health care facility beds provided for in  subdivision  five
   33  of this section in communities statewide; and
   34    S  6.  Paragraph  g  of  subdivision 2 of section 4604-a of the public
   35  health law, as added by chapter 659 of the laws of 1997, is  amended  to
   36  read as follows:
   37    g.  Unless  all  residents OR CONTINUING CARE AT HOME CONTRACT HOLDERS
   38  have life care contracts, the operator has adequately  made  the  assur-
   39  ances  required  by subdivision two of section forty-six hundred twenty-
   40  four of this article and has agreed to fund the liability in  the  event
   41  that [resident] SUCH RESIDENT'S OR CONTRACT HOLDER'S assets are insuffi-
   42  cient to pay for nursing facility services for a one year period.
   43    S 7. Subdivision 13 of section 4606 of the public health law, as added
   44  by chapter 659 of the laws of 1997, is amended to read as follows:
   45    13.  The  initial  disclosure  statement  and marketing materials of a
   46  continuing care retirement community AND CONTINUING CARE AT HOME  CORPO-
   47  RATION  must  clearly  include  a description of the services offered as
   48  part of its contract, including, but not limited to, any limitations  on
   49  nursing  facility services. The initial disclosure statement and market-
   50  ing materials of a continuing care retirement  community  OR  CONTINUING
   51  CARE  AT HOME CORPORATION which offers various types of contracts, which
   52  may include life care contracts, must clearly  differentiate  among  the
   53  various types of contracts which it may offer.
   54    S  8.  Paragraphs  e, f and g of subdivision 14 of section 4606 of the
   55  public health law are relettered paragraphs f, g and h and a  new  para-
   56  graph e is added to read as follows:
       S. 2118--B                          5
    1    E. THE TYPES OF MEAL PLANS AVAILABLE;
    2    S 9. Section 4608 of the public health law, as added by chapter 689 of
    3  the  laws of 1989, the section heading, the opening paragraph and subdi-
    4  vision 6 as amended and subdivision 17 as added by chapter  659  of  the
    5  laws  of  1997,  subdivision  2 as amended by chapter 120 of the laws of
    6  1993, subdivision 8 as amended by chapter 66 of the  laws  of  1994  and
    7  subdivision 15 as further amended by section 104 of part A of chapter 62
    8  of the laws of 2011, is amended to read as follows:
    9    S  4608.  Continuing care retirement COMMUNITY contract.  A continuing
   10  care retirement COMMUNITY OR CONTINUING  CARE  AT  HOME  contract  shall
   11  contain  all  of  the following information in no less than twelve point
   12  type and in plain language, in addition to any other terms or matter  as
   13  may  be required by regulations adopted by the council and issued by the
   14  superintendent, EXCEPT WHEN SPECIFICALLY NOTED:
   15    1. The amount of all money transferred, including, but not limited to,
   16  donations, subscriptions, deposits, fees, and any other amounts paid  or
   17  payable  by,  or  on  behalf of, the resident or residents OR CONTINUING
   18  CARE AT HOME CONTRACT HOLDER OR HOLDERS;
   19    2. A description of all services which are  to  be  furnished  by  the
   20  operator,  a description of any fees in addition to the entrance fee and
   21  periodic charges provided for in the contract, and the conditions  under
   22  which  the  fees  may  be  adjusted, provided that an operator shall not
   23  charge any non-refundable application fee to a prospective resident  who
   24  has  paid  a  non-refundable  priority reservation agreement application
   25  fee;
   26    3. The procedures of the community OR CONTINUING CARE AT  HOME  CORPO-
   27  RATION  relating to a resident's OR CONTRACT HOLDER'S failure to pay the
   28  required monthly fees;
   29    4. A statement of the figures and terms  concerning  the  entry  of  a
   30  spouse to the community and the consequences if the spouse does not meet
   31  the requirements for entry;
   32    5.  A statement of the terms and conditions under which a contract may
   33  be cancelled by the operator or by a resident OR CONTRACT HOLDER and the
   34  conditions under which all or any portion of the entrance  fee  will  be
   35  refunded  by the operator, including the mandatory refund provisions set
   36  forth in sections forty-six hundred nine and forty-six  hundred  ten  of
   37  this article;
   38    6.  a.  The  procedures  and  conditions under which a resident may be
   39  transferred from his or her living unit OR HOME  including  a  statement
   40  that,  at  the  time of transfer, the resident will be given the reasons
   41  for the transfer; the process by which a transfer decision is made;  the
   42  persons  with  the  authority  to  make  the  decision  to  transfer;  a
   43  description of any change in charges to be  paid  by  the  resident  for
   44  services  not  covered by the contract fees as a result of the transfer;
   45  and a statement regarding the disposition of and the right to return  to
   46  the living unit in cases of temporary and permanent transfers.
   47    b.  [The]  FOR  CONTINUING  CARE  RETIREMENT  COMMUNITY CONTRACTS, THE
   48  circumstances under which a living unit may  be  considered  vacant  and
   49  eligible  for  transfer  or  resale to a new resident, either due to the
   50  permanent transfer of a resident to the  community's  nursing  or  other
   51  specialized facility or due to the permanent transfer of a resident to a
   52  hospital  or other facility outside of the community; provided, however,
   53  that nothing therein shall relieve a community from its  obligations  to
   54  provide or to insure provision of all contractually required care pursu-
   55  ant  to  the  terms  of a continuing care retirement contract.  Should a
   56  resident's chronic condition require placement  in  a  more  specialized
       S. 2118--B                          6
    1  chronic  care  facility  that  provides  services  beyond those provided
    2  through the community's nursing facility, the liability of THE community
    3  pursuant to the terms of a continuing care retirement contract shall  be
    4  equal to the current per diem rate of the nursing facility minus the pro
    5  rata  apportionment of the resident's monthly fee for the period of care
    6  required by the contract.  Nothing herein shall  obligate  a  continuing
    7  care  retirement community which does not have a life care contract with
    8  a resident to provide or pay for a level of  nursing  facility  services
    9  nor  for  any  duration  beyond  what  is  specifically described in its
   10  continuing care retirement contract with  that  resident.  This  section
   11  shall  not  affect  the  operator's  obligation under subdivision two of
   12  section forty-six hundred twenty-four of this article;
   13    7. [A] FOR CONTINUING CARE RETIREMENT COMMUNITY CONTRACTS, A statement
   14  that, if the resident dies prior to occupancy date or, through  illness,
   15  injury,  or  incapacity  is precluded from becoming a resident under the
   16  terms of the contract, the contract is automatically rescinded  and  the
   17  resident  or his or her legal representative shall receive a full refund
   18  of all moneys paid to the facility, except for those costs  specifically
   19  incurred by the facility at the request of the resident and set forth in
   20  writing in a separate addendum, signed by the parties to the contract;
   21    8. [A]  FOR CONTINUING CARE AT HOME CONTRACTS, THE CIRCUMSTANCES UNDER
   22  WHICH  THE  CONTRACT  HOLDER  MAY  MOVE INTO A CAMPUS INDEPENDENT LIVING
   23  UNIT, ADULT CARE FACILITY OR NURSING HOME;
   24    9.  FOR CONTINUING CARE RETIREMENT COMMUNITY CONTRACTS, A statement of
   25  the conditions under which all or any portion of the entrance  fee  will
   26  be released to the operator before the living unit becomes available for
   27  occupancy,  and  a  statement  of  the conditions under which all or any
   28  portion of that fee will be refunded in the event of the  death  of  the
   29  resident  and/or  spouse following occupancy of a living unit, including
   30  the mandatory refund provisions set forth in section  forty-six  hundred
   31  nine of this article;
   32    [9.] 10. A statement of the advance notice to be provided the resident
   33  OR  CONTRACT  HOLDER, of not less than sixty days, of any change in fees
   34  or charges or scope of care or services;
   35    [10.] 11. A statement that no act,  agreement,  or  statement  of  any
   36  resident  OR  CONTRACT HOLDER, or of an individual purchasing care for a
   37  resident OR CONTRACT HOLDER under any agreement to furnish care  to  the
   38  resident  OR  CONTRACT  HOLDER,  shall  constitute a valid waiver of any
   39  provision of this article or of any regulation enacted pursuant  thereto
   40  intended for the benefit or protection of the resident OR CONTRACT HOLD-
   41  ER  or  the  individual  purchasing  care  for  the resident OR CONTRACT
   42  HOLDER;
   43    [11. A] 12. FOR CONTINUING  CARE  RETIREMENT  COMMUNITY  CONTRACTS,  A
   44  description  of  the  reinstatement  policies  if  a resident leaves the
   45  facility or the contract is cancelled;
   46    [12.] 13. FOR CONTINUING CARE AT  HOME  CONTRACTS,  A  DESCRIPTION  OF
   47  POLICIES IF THE CONTRACT IS CANCELLED.
   48    14.  A  statement  that  internal  procedures  to resolve disputes and
   49  grievances have been established, and  residents  AND  CONTRACT  HOLDERS
   50  notified of them;
   51    [13.]  15. A statement of the grace period, if any, for the payment of
   52  periodic fees without a penalty, and the extent of any penalty  for  the
   53  late payment thereof;
   54    [14.]  16.  A  statement  that: a. the resident OR CONTRACT HOLDER, AS
   55  APPLICABLE shall, if eligible, enroll in medicare parts a and b  or  the
   56  equivalent  and  shall continue to maintain that coverage, together with
       S. 2118--B                          7
    1  medicare supplement coverage at least equivalent in  benefits  to  those
    2  established  by  the  superintendent  as  minimum  benefits for medicare
    3  supplement policies;
    4    b.  if  the  resident  OR  CONTRACT  HOLDER fails to maintain medicare
    5  coverage and a medicare supplement coverage, or is ineligible  for  such
    6  coverage  and  fails  to  purchase  the equivalent of such coverage, the
    7  community OR CONTINUING CARE AT  HOME  CORPORATION  shall  purchase  the
    8  coverage  or  equivalent  coverage  on  behalf and at the expense of the
    9  resident OR CONTRACT HOLDER and shall have the authority to  require  an
   10  appropriate adjustment in payments by the resident OR CONTRACT HOLDER to
   11  the community OR CONTINUING CARE AT HOME CORPORATION;
   12    c.  if  the  community  OR  CONTINUING CARE AT HOME CORPORATION cannot
   13  purchase medicare coverage  and  medicare  supplement  coverage  or  the
   14  equivalent, the community shall have the authority to require an adjust-
   15  ment  in monthly fees, subject to the approval of the superintendent, to
   16  fund the additional risk to the facility OR CORPORATION; and
   17    d. if the resident OR CONTRACT HOLDER fails to  purchase  or  maintain
   18  medicare  coverage  and  medicare supplement coverage or the equivalent,
   19  and the community  OR  CONTINUING  CARE  AT  HOME  CORPORATION  has  not
   20  purchased  such coverage, the community OR CORPORATION will be responsi-
   21  ble for any expenses which would have been covered by medicare and medi-
   22  care supplement coverage.   The community OR  CORPORATION  may  add  the
   23  amount  of  such expenses to the resident's OR CONTRACT HOLDER'S monthly
   24  fees.
   25    [15.] 17. A statement that any  amendment  to  the  contract  and  any
   26  change  in fees or charges, other than those within the guidelines of an
   27  approved rating system, must be approved by the superintendent of finan-
   28  cial services; and
   29    [16.] 18. A statement  that  property  shall  not  be  substituted  as
   30  payment for either the entrance fee or monthly fee.
   31    [17.]  19.  [A]  FOR CONTINUING CARE RETIREMENT COMMUNITY CONTRACTS, A
   32  statement whether the  continuing  care  retirement  COMMUNITY  contract
   33  includes  any  ownership,  beneficial or trust interest in the assets of
   34  the operator, the assets of the facility, or both. Assets shall include,
   35  but are not limited to, property, trusts, reserves, interest  and  other
   36  assets.
   37    S 10. Subdivision 1 of section 4612 of the public health law, as added
   38  by chapter 689 of the laws of 1989, is amended to read as follows:
   39    1.  Residents [living] in a community authorized by this article shall
   40  have the right of self-organization, the right to be represented by  one
   41  or  more  individuals  of their own choosing, and the right to engage in
   42  concerted activities for the purpose of keeping informed of  the  opera-
   43  tion of the community in which they live.
   44    S  11.  Subdivisions 1 and 2 of section 4614 of the public health law,
   45  as amended by chapter 659 of the laws  of  1997  and  subdivision  2  as
   46  further  amended  by  section 104 of part A of chapter 62 of the laws of
   47  2011, are amended to read as follows:
   48    1. The commissioner, or designee; AND the superintendent, or designee;
   49  [and, with regard to communities for  which  the  department  of  social
   50  services  has  regulatory  responsibility,  the  commissioner  of social
   51  services, or designee,] may at any time, and shall at least  once  every
   52  three years, visit each community and examine the business of any appli-
   53  cant  for  a  certificate  of  authority and any operator engaged in the
   54  execution of continuing care retirement COMMUNITY contracts OR  CONTINU-
   55  ING  CARE AT HOME CONTRACTS or engaged in the performance of obligations
   56  under such contracts.  Routine examinations may be conducted  by  having
       S. 2118--B                          8
    1  documents  designated  by  and submitted to such commissioners or super-
    2  intendent, which shall include financial documents and records  conform-
    3  ing  to commonly accepted accounting principles and practices. The final
    4  written  report of each such examination conducted by such commissioners
    5  or superintendent shall be filed with  the  commissioner  and,  when  so
    6  filed, shall constitute a public record.  A copy of each report shall be
    7  provided to members of the continuing care retirement community council.
    8  Any  operator  being  examined  shall, upon request, give reasonable and
    9  timely access to all of its  records.  The  representative  or  examiner
   10  designated by the commissioners or superintendent, respectively, may, at
   11  any  time,  examine  the records and affairs and inspect the community's
   12  facilities, whether in connection with a formal examination or not.
   13    2. Any duly authorized officer,  employee,  or  agent  of  the  health
   14  department,  [social  services  department,]  or department of financial
   15  services may, upon presentation of proper  identification,  have  access
   16  to,  and  inspect,  any  records  maintained  by the community OR BY THE
   17  CONTINUING CARE AT HOME CORPORATION relevant to the respective  agency's
   18  regulatory  authority, with or without advance notice, to secure compli-
   19  ance with, or to prevent a violation of, any provision of this article.
   20    S 12. Paragraph k of subdivision 1  of  section  4615  of  the  public
   21  health law, as amended by chapter 659 of the laws of 1997, is amended to
   22  read as follows:
   23    k. The commissioner [or the commissioner of social services] has found
   24  violations  of  applicable statutes, rules or regulations which threaten
   25  to affect directly the health, safety, or welfare of  a  resident  of  a
   26  continuing  care retirement community OR A CONTRACT HOLDER OF A CONTINU-
   27  ING CARE AT HOME CONTRACT.
   28    S 13. The section heading of section 4623 of the public health law, as
   29  amended by chapter 659 of the laws  of  1997,  is  amended  to  read  as
   30  follows:
   31    Long   term  care  insurance  [for]  AND  continuing  care  retirement
   32  contracts.
   33    S 14. This act shall take effect immediately.
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