S. 3547 2
a. FOR CONTINUING CARE RETIREMENT CONTRACTS, provides[, or supports
through continuing care at home,] independent living units, and meal
plan options. The independent living unit can be made available either
through a non-equity arrangement or through an equity arrangement
including, but not limited to a cooperative or condominium. For purposes
of this article, the purchase price of an independent living unit in an
equity arrangement, regardless of the form of the purchase agreement,
shall not be considered an entry fee for purposes of calculating reserve
liabilities, but shall be considered an entry fee for escrow purposes;
b. provides a range of health care and social services, subject to
such terms as may be included within the contract, which shall include
adult care facility services of an on-site or affiliated adult care
facility, and at a minimum, sixty days of prepaid services of an on-site
or affiliated nursing facility for residents not receiving services
under a fee-for-service contract;
c. provides access to health services as defined in the contract,
prescription drugs, and rehabilitation services;
d. nothing in this article shall eliminate the obligation of a contin-
uing care retirement community to provide at least sixty days of prepaid
nursing facility services to all residents, with the exception of resi-
dents receiving services under the terms of a fee-for-service continuing
care contract as defined in this section. The prepaid days must include
the first sixty days of nursing facility services, whether or not
consecutive, not covered by Title XVIII of the federal social security
act; [and]
e. communities established under this article and offering fee-for-
service continuing care contracts must offer, along with such fee-for-
service continuing care contracts, life care and/or continuing care
contracts as defined in subdivision eight-a of this section; AND
F. COMMUNITIES ESTABLISHED UNDER THIS ARTICLE OFFERING CONTINUING CARE
AT HOME CONTRACTS MUST ALSO OFFER CONTINUING CARE RETIREMENT CONTRACTS
AND MUST MAINTAIN A CONTINUING CARE RETIREMENT COMMUNITY THAT OPERATES
IN SUPPORT OF THE CONTINUING CARE AT HOME CONTRACTS.
S 4. Subdivision 3 of section 4601 of the public health law, as
amended by chapter 549 of the laws of 2014, is amended to read as
follows:
3. "Contracts" or "agreements" shall mean continuing care at home or
continuing care retirement [community] contracts as defined in this
article.
S 4-a. Subdivisions 7-a, 7-b and 7-c of section 4601 of the public
health law are REPEALED.
S 5. Subdivision 6 of section 4601 of the public health law, as
amended by chapter 659 of the laws of 1997, is amended to read as
follows:
6. "Entrance fee" shall mean an initial or deferred transfer to an
operator of a sum of money, made or promised to be made by a person or
persons entering into a continuing care retirement contract OR CONTINU-
ING CARE AT HOME CONTRACT, for the purpose of ensuring services pursuant
to such a contract.
S 6. Subdivision 8 of section 4601 of the public health law, as
amended by chapter 549 of the laws of 2014, is amended to read as
follows:
8. "Life care contract" shall mean a single continuing care retirement
[community] contract or a continuing care at home contract to provide a
person, for the duration of such person's life, the services provided by
the continuing care retirement community [or the continuing care at home
S. 3547 3
corporation], which services shall include unlimited services of the
affiliated community's nursing facility or affiliated nursing home. Such
term also shall mean a single continuing care retirement [community]
contract to provide a person, for the duration of such person's life,
the services provided by the continuing care retirement community under
an arrangement in which the costs of the residents' unlimited nursing
home or home care services are paid for in whole or in part by a long
term care insurance policy approved by the superintendent in accordance
with applicable regulations or by long term care insurance or medical
assistance payments in accordance with the partnership for long term
care program pursuant to the provisions of section three hundred sixty-
seven-f of the social services law, section three thousand two hundred
twenty-nine of the insurance law and section four thousand six hundred
twenty-three of this chapter.
S 7. Section 4601 of the public health law is amended by adding a new
subdivision 8-b to read as follows:
8-B. "CONTINUING CARE AT HOME CONTRACT" SHALL MEAN A SINGLE CONTRACT
TO PROVIDE A PERSON WITH LONG TERM CARE SERVICES AND SUPPORTS BASED UPON
THE PERSON'S NEEDS AND COORDINATED BY A CASE MANAGER, WHICH SHALL
INCLUDE SERVICES PROVIDED TO THE PERSON IN HIS OR HER RESIDENCE AND
SERVICES OF THE COMMUNITY'S NURSING FACILITY AND ADULT CARE FACILITY, OR
AFFILIATED FACILITIES.
S 8. Subdivision 15 of section 4601 of the public health law, as
amended by chapter 659 of the laws of 1997, is amended and two new
subdivisions 15-a and 15-b are added to read as follows:
15. "Resident" shall mean any person who, pursuant to a CONTINUING
CARE RETIREMENT CONTRACT OR CONTINUING CARE AT HOME contract, is enti-
tled to reside in and/OR receive services from a continuing care retire-
ment community.
15-A. "ILU RESIDENT" SHALL MEAN A CONTINUING CARE RETIREMENT CONTRACT
HOLDER WHO RESIDES IN A LIVING UNIT WITHIN THE CONTINUING CARE RETIRE-
MENT COMMUNITY.
15-B. "HOME RESIDENT" SHALL MEAN A CONTINUING CARE AT HOME CONTRACT
HOLDER WHO RESIDES IN A PRIVATE RESIDENCE OFF OF THE CONTINUING CARE
RETIREMENT COMMUNITY CAMPUS.
S 9. Paragraphs d and e of subdivision 2 of section 4604 of the public
health law, as amended by chapter 549 of the laws of 2014, are amended
to read as follows:
d. a copy of the proposed forms of contracts to be entered into with
residents [of the community or continuing care at home contract hold-
ers];
e. complete details of any agreements with a licensed insurer, includ-
ing copies of proposed contracts, requiring the insurer to assume, whol-
ly or in part, the cost of medical or health related services to be
provided to a resident [or continuing care at home contract holders]
pursuant to a continuing care retirement [community] CONTRACT or contin-
uing care at home contract;
S 9-a. Subdivision 3 of section 4604 of the public health law, as
amended by chapter 659 of the laws of 1997, is amended to read as
follows:
3. Nothing in this article shall be construed to enlarge, diminish or
modify: a social services district's otherwise valid recovery under
section three hundred sixty-nine of the social services law, nor medical
assistance eligibility under title eleven of article five of the social
services law nor applicable provisions of the estates, powers and trusts
law. Except as otherwise provided in this article, the activities of
S. 3547 4
continuing care retirement communities shall be subject to any other law
governing such activities including but not limited to article twenty-
eight of this chapter and article seven of the social services law and
regulations promulgated thereunder; provided, however, that the
provisions of paragraphs (d) and (e) of subdivision four of section
twenty-eight hundred one-a and section twenty-eight hundred two of this
chapter shall not apply, and provided that the provisions of paragraph
(a) of subdivision one and the provisions of subdivision two of section
four hundred sixty-one-b of the social services law with respect to
public need and the provisions of subdivision one of section four
hundred sixty-one-c of the social services law shall not apply to resi-
dents who have been admitted in accordance with a [continuing care
retirement community] contract provided that, upon admission to the
adult care facility, such residents shall be given a notice which shall
include, at a minimum, information regarding facility services, resident
responsibilities, supplemental services, resident rights and protections
and circumstances that warrant transfer. The number of residential
health care facility beds available pursuant to subdivision five of this
section, without proof of public need therefor, shall be reduced by the
number of residential health care demonstration facility beds that are
approved pursuant to this article.
S 10. Paragraph c of subdivision 4 of section 4604 of the public
health law, as amended by chapter 549 of the laws of 2014, is amended to
read as follows:
c. the public health and health planning council [under section twen-
ty-eight hundred one-a of this chapter] as to the establishment of a
skilled nursing facility by the applicant and as to such other facili-
ties and services as may require the public health and health planning
council's approval of the application; provided, however, that the
recommendations of the health systems agency having geographical juris-
diction of the area where the continuing care retirement community is
located shall not be required with respect to the establishment of an
on-site or affiliated residential health care facility to serve resi-
dents as part of the continuing care retirement community, for up to the
total number of residential health care facility beds provided for in
subdivision five of this section in communities statewide;
S 11. The public health law is amended by adding a new section 4605-a
to read as follows:
S 4605-A. CERTIFICATE OF AUTHORITY; AUTHORITY TO OFFER CONTINUING CARE
AT HOME CONTRACTS. A CONTINUING CARE RETIREMENT COMMUNITY MAY OFFER
CONTINUING CARE AT HOME CONTRACTS UPON APPROVAL BY THE COUNCIL TO AMEND
THE CONTINUING CARE RETIREMENT COMMUNITY'S CERTIFICATE OF AUTHORITY. IN
ORDER TO QUALIFY FOR AN AMENDMENT TO ITS CERTIFICATE OF AUTHORITY, THE
CONTINUING CARE RETIREMENT COMMUNITY SHALL SUBMIT TO THE COMMISSIONER
THE FOLLOWING:
1. A BUSINESS PLAN TO THE COMMISSIONER AND SUPERINTENDENT THAT
INCLUDES THE FOLLOWING:
(A) A DESCRIPTION OF THE CONTINUING CARE AT HOME SERVICES THAT WILL BE
PROVIDED, THE MARKET THAT WILL BE SERVED BY THE CONTINUING CARE AT HOME
CONTRACTS, AND THE FEES TO BE CHARGED TO PROSPECTIVE CONTINUING CARE AT
HOME CONTRACT HOLDERS;
(B) A COPY OF THE PROPOSED CONTINUING CARE AT HOME CONTRACT; AND
(C) AN ACTUARIAL STUDY PREPARED BY AN INDEPENDENT ACTUARY IN ACCORD-
ANCE WITH STANDARDS ADOPTED BY THE AMERICAN ACADEMY OF ACTUARIES DEMON-
STRATING THE IMPACT THAT THE CONTINUING CARE AT HOME CONTRACTS WILL HAVE
ON THE OVERALL OPERATIONS OF THE CONTINUING CARE RETIREMENT COMMUNITY
S. 3547 5
AND FURTHER DEMONSTRATING THAT THE ADDITION OF CONTINUING CARE AT HOME
CONTRACTS WILL NOT JEOPARDIZE THE FINANCIAL SOLVENCY OF THE CONTINUING
CARE RETIREMENT COMMUNITY.
2. A MARKET FEASIBILITY STUDY DEMONSTRATING TO THE COMMISSIONER AND
SUPERINTENDENT SUFFICIENT CONSUMER INTEREST IN CONTINUING CARE AT HOME
CONTRACTS AND FURTHER DEMONSTRATING THAT THE ADDITION OF CONTINUING CARE
AT HOME CONTRACTS WILL NOT HAVE AN ADVERSE IMPACT ON THE PROVISION OF
SERVICES TO CONTINUING CARE RETIREMENT CONTRACT HOLDERS.
3. MATERIALS THAT MEET ALL REQUIREMENTS ESTABLISHED BY THE NEW YORK
STATE DEPARTMENT OF FINANCIAL SERVICES.
4. A COPY OF THE NOTIFICATION SENT TO CONTINUING CARE RETIREMENT
CONTRACT HOLDERS DESCRIBING THE ANTICIPATED IMPACT OF THE ADDITION OF
CONTINUING CARE AT HOME CONTRACTS ON CONTINUING CARE RETIREMENT COMMUNI-
TY RESOURCES AND PROOF THAT SUCH NOTIFICATION HAS BEEN DISTRIBUTED TO
ALL CONTINUING CARE RETIREMENT CONTRACT HOLDERS.
S 12. The public health law is amended by adding a new section 4605-b
to read as follows:
S 4605-B. CERTIFICATE OF AUTHORITY; LIMITATION ON CONTINUING CARE AT
HOME CONTRACTS. THE NUMBER OF CONTINUING CARE AT HOME CONTRACTS APPROVED
ON A CERTIFICATE OF AUTHORITY SHALL BE LIMITED TO:
1. THE NUMBER OF APPROVED LIVING UNITS ON THE CONTINUING CARE RETIRE-
MENT COMMUNITY'S PREMISES THAT ARE INTENDED FOR ILU RESIDENTS, EXCEPT
THAT THE COUNCIL MAY APPROVE ADDITIONAL CONTRACTS UPON A SUBMISSION TO
THE COMMISSIONER BY AN OPERATOR CONSISTENT WITH THE PROVISIONS SET FORTH
IN SECTION FORTY-SIX HUNDRED FIVE-A OF THIS ARTICLE;
2. THE DEMONSTRATED NUMBER OF CONTINUING CARE AT HOME CONTRACT HOLDERS
THAT CAN BE SUPPORTED IN THE EXISTING OR APPROVED FUTURE CAPACITY OF THE
ADULT CARE FACILITY AND SKILLED NURSING FACILITY CONSISTENT WITH THE
PROVISIONS SET FORTH IN SECTION FORTY-SIX HUNDRED FIVE-A OF THIS ARTI-
CLE; AND
3. CONDITIONS SET FORTH BY THE NEW YORK STATE DEPARTMENT OF FINANCIAL
SERVICES, BASED UPON THE SUPERINTENDENT'S ASSESSMENT OF THE FOLLOWING:
(A) THE OVERALL FINANCIAL IMPACT ON THE COMMUNITY; AND
(B) THE SUBMITTED MATERIALS SET FORTH IN SECTION FORTY-SIX HUNDRED
FIVE-A OF THIS ARTICLE.
S 13. Paragraph a of subdivision 14 of section 4606 of the public
health law, as added by chapter 659 of the laws of 1997, is amended to
read as follows:
a. a brief description of the community, including its name and
location and amenities and services, INCLUDING MEAL OPTIONS, available;
S 13-a. Paragraph e of subdivision 14 of section 4606 of the public
health law is REPEALED, and subdivisions f, g and h, as relettered by
chapter 549 of the laws of 2014, are relettered e, f and g.
S 14. Subdivision 13 of section 4606 of the public health law, as
amended by chapter 549 of the laws of 2014, is amended to read as
follows:
13. The initial disclosure statement and marketing materials of a
continuing care retirement community [and continuing care at home corpo-
ration] must clearly include a description of the services offered as
part of its contract, including, but not limited to, any limitations on
nursing facility services. The initial disclosure statement and market-
ing materials of a continuing care retirement community [or continuing
care at home corporation] which offers various types of contracts, which
may include life care contracts, must clearly differentiate among the
various types of contracts which it may offer.
S. 3547 6
S 15. Section 4608 of the public health law, as amended by chapter 549
of the laws of 2014, is amended to read as follows:
S 4608. [Continuing care retirement community contract] CONTRACTS. A
continuing care retirement [community] CONTRACT or continuing care at
home contract shall contain all of the following information in no less
than twelve point type and in plain language, in addition to any other
terms or matter as may be required by regulations adopted by the council
and issued by the superintendent[, except when specifically noted]:
1. The amount of all money transferred, including, but not limited to,
donations, subscriptions, deposits, fees, and any other amounts paid or
payable by, or on behalf of, the resident or residents or continuing
care at home contract holder or holders;
2. A description of all services which are to be furnished by the
operator, a description of any fees in addition to the entrance fee and
periodic charges provided for in the contract, and the conditions under
which the fees may be adjusted, provided that an operator shall not
charge any non-refundable application fee to a prospective resident who
has paid a non-refundable priority reservation agreement application
fee;
3. The procedures of the community [or continuing care at home corpo-
ration] relating to a resident's or contract holder's failure to pay the
required monthly fees;
4. A statement of the figures and terms concerning the entry of a
spouse to the community and the consequences if the spouse does not meet
the requirements for entry;
5. A statement of the terms and conditions under which a contract may
be cancelled by the operator or by a resident or contract holder and the
conditions under which all or any portion of the entrance fee will be
refunded by the operator, including the mandatory refund provisions set
forth in sections forty-six hundred nine and forty-six hundred ten of
this article;
6. a. The procedures and conditions under which a resident may be
transferred from his or her living unit or home including a statement
that, at the time of transfer, the resident will be given the reasons
for the transfer; the process by which a transfer decision is made; the
persons with the authority to make the decision to transfer; a
description of any change in charges to be paid by the resident for
services not covered by the contract fees as a result of the transfer;
and a statement regarding the disposition of and the right to return to
the living unit in cases of temporary and permanent transfers.
b. For continuing care retirement [community] contracts, the circum-
stances under which a living unit may be considered vacant and eligible
for transfer or resale to a new resident, either due to the permanent
transfer of a resident to the community's nursing or other specialized
facility or due to the permanent transfer of a resident to a hospital or
other facility outside of the community; provided, however, that nothing
therein shall relieve a community from its obligations to provide or to
insure provision of all contractually required care pursuant to the
terms of a continuing care retirement contract. Should a resident's
chronic condition require placement in a more specialized chronic care
facility that provides services beyond those provided through the commu-
nity's nursing facility, the liability of the community pursuant to the
terms of a continuing care retirement contract shall be equal to the
current per diem rate of the nursing facility minus the pro rata appor-
tionment of the resident's monthly fee for the period of care required
by the contract. Nothing herein shall obligate a continuing care retire-
S. 3547 7
ment community which does not have a life care contract with a resident
to provide or pay for a level of nursing facility services nor for any
duration beyond what is specifically described in its continuing care
retirement contract with that resident. This section shall not affect
the operator's obligation under subdivision two of section forty-six
hundred twenty-four of this article;
7. For continuing care retirement [community] contracts, a statement
that, if the resident dies prior to occupancy date or, through illness,
injury, or incapacity is precluded from becoming a resident under the
terms of the contract, the contract is automatically rescinded and the
resident or his or her legal representative shall receive a full refund
of all moneys paid to the facility, except for those costs specifically
incurred by the facility at the request of the resident and set forth in
writing in a separate addendum, signed by the parties to the contract;
[8. For continuing care at home contracts, the circumstances under
which the contract holder may move into a campus independent living
unit, adult care facility or nursing home;]
8. FOR CONTINUING CARE AT HOME CONTRACTS, A STATEMENT THAT, IF THE
RESIDENT DIES PRIOR TO THE EFFECTIVE START DATE OF SERVICES OR, THROUGH
ILLNESS, INJURY, OR INCAPACITY IS PRECLUDED FROM MEETING THE ELIGIBILITY
TERMS OF THE CONTRACT, THE CONTRACT IS AUTOMATICALLY RESCINDED AND THE
RESIDENT OR HIS OR HER LEGAL REPRESENTATIVE SHALL RECEIVE A FULL REFUND
OF ALL MONEYS PAID TO THE FACILITY, EXCEPT FOR THOSE COSTS SPECIFICALLY
INCURRED BY THE FACILITY AT THE REQUEST OF THE RESIDENT AND SET FORTH IN
WRITING IN A SEPARATE ADDENDUM, SIGNED BY THE PARTIES TO THE CONTRACT;
9. For continuing care retirement [community] contracts, a statement
of the conditions under which all or any portion of the entrance fee
will be released to the operator before the living unit becomes avail-
able for occupancy, and a statement of the conditions under which all or
any portion of that fee will be refunded in the event of the death of
the resident and/or spouse following occupancy of a living unit, includ-
ing the mandatory refund provisions set forth in section forty-six
hundred nine of this article;
10. A statement of the advance notice to be provided the resident or
contract holder, of not less than sixty days, of any change in fees or
charges or scope of care or services;
11. A statement that no act, agreement, or statement of any resident
or contract holder, or of an individual purchasing care for a resident
or contract holder under any agreement to furnish care to the resident
or contract holder, shall constitute a valid waiver of any provision of
this article or of any regulation enacted pursuant thereto intended for
the benefit or protection of the resident or contract holder or the
individual purchasing care for the resident or contract holder;
12. For continuing care retirement [community] contracts, a
description of the reinstatement policies if a resident leaves the
facility or the contract is cancelled; AND FOR CONTINUING CARE AT HOME
CONTRACTS, A DESCRIPTION OF POLICIES IF THE HOME RESIDENT RELOCATES
THEIR PRIVATE RESIDENCE OR THE CONTRACT IS CANCELLED.
13. [For continuing care at home contracts, a description of policies
if the contract is cancelled.
14.] A statement that internal procedures to resolve disputes and
grievances have been established, and residents and contract holders
notified of them;
[15] 14. A statement of the grace period, if any, for the payment of
periodic fees without a penalty, and the extent of any penalty for the
late payment thereof;
S. 3547 8
[16] 15. A statement that: a. the resident or contract holder, as
applicable shall, if eligible, enroll in medicare parts a and b or the
equivalent and shall continue to maintain that coverage, together with
medicare supplement coverage at least equivalent in benefits to those
established by the superintendent as minimum benefits for medicare
supplement policies;
b. if the resident or contract holder fails to maintain medicare
coverage and a medicare supplement coverage, or is ineligible for such
coverage and fails to purchase the equivalent of such coverage, the
community [or continuing care at home corporation] shall purchase the
coverage or equivalent coverage on behalf and at the expense of the
resident or contract holder and shall have the authority to require an
appropriate adjustment in payments by the resident or contract holder to
the community [or continuing care at home corporation];
c. if the community [or continuing care at home corporation] cannot
purchase medicare coverage and medicare supplement coverage or the
equivalent, the community shall have the authority to require an adjust-
ment in monthly fees, subject to the approval of the superintendent, to
fund the additional risk to the facility [or corporation]; and
d. if the resident or contract holder fails to purchase or maintain
medicare coverage and medicare supplement coverage or the equivalent,
and the community [or continuing care at home corporation] has not
purchased such coverage, the community [or corporation] will be respon-
sible for any expenses which would have been covered by medicare and
medicare supplement coverage. The community [or corporation] may add the
amount of such expenses to the resident's or contract holder's monthly
fees.
[17] 16. A statement that any amendment to the contract and any change
in fees or charges, other than those within the guidelines of an
approved rating system, must be approved by the superintendent of finan-
cial services; [and]
[18] 17. A statement that property shall not be substituted as payment
for either the entrance fee or monthly fee[.];
18. A STATEMENT DESCRIBING THE METHOD BY WHICH THE COMMUNITY WILL
DETERMINE PRIORITY FOR ACCESS TO AVAILABLE ADULT CARE FACILITY OR NURS-
ING FACILITY BEDS BETWEEN A CONTINUING CARE RETIREMENT CONTRACT HOLDER
AND A CONTINUING CARE AT HOME CONTRACT HOLDER;
19. For continuing care retirement [community] contracts, a statement
whether the continuing care retirement [community] contract includes any
ownership, beneficial or trust interest in the assets of the operator,
the assets of the facility, or both. Assets shall include, but are not
limited to, property, trusts, reserves, interest and other assets[.];
AND
20. CONTINUING CARE AT HOME CONTRACTS SHALL INCLUDE THE FOLLOWING:
A. A STATEMENT DESCRIBING THE CIRCUMSTANCES UNDER WHICH A CONTRACT
HOLDER MAY MOVE INTO A CAMPUS INDEPENDENT LIVING UNIT, ADULT CARE FACIL-
ITY OR NURSING HOME;
B. A STATEMENT AS TO WHETHER AND UNDER WHAT CIRCUMSTANCES TRANSPORTA-
TION WILL BE PROVIDED TO CONTINUING CARE AT HOME CONTRACT HOLDERS;
C. A STATEMENT DESCRIBING THE MECHANISM FOR MONITORING CONTINUING CARE
AT HOME CONTRACT HOLDERS;
D. A STATEMENT DESCRIBING THE METHOD BY WHICH THE COMMUNITY WILL
DETERMINE PRIORITY FOR ACCESS TO AVAILABLE ILUS BETWEEN A CONTINUING
CARE AT HOME CONTRACT HOLDER WHO WISHES TO CONVERT THE CONTRACT TO A
CONTINUING CARE RETIREMENT CONTRACT AND A CONTINUING CARE RETIREMENT
CONTRACT HOLDER;
S. 3547 9
E. A STATEMENT DESCRIBING ANY APPLICABLE GEOGRAPHICAL LIMITS OF THE
CONTINUING CARE AT HOME SERVICES, AND THE POLICY THAT WILL BE FOLLOWED
IN THE EVENT THAT A CONTINUING CARE AT HOME CONTRACT HOLDER RELOCATES TO
A DIFFERENT RESIDENCE OUTSIDE THE GEOGRAPHICAL LIMITS COVERED BY THE
CONTINUING CARE AT HOME CONTRACT; AND
F. A STATEMENT DESCRIBING ANY APPLICABLE POLICY THAT WOULD ENTITLE A
CONTINUING CARE AT HOME CONTRACT HOLDER TO SELECT ADULT CARE FACILITY OR
SKILLED NURSING FACILITY PLACEMENT IN A FACILITY THAT IS NOT PART OF THE
CONTINUING CARE RETIREMENT COMMUNITY.
S 16. The public health law is amended by adding a new section 4608-a
to read as follows:
S 4608-A. CONTINUING CARE AT HOME REQUIREMENTS. CONTINUING CARE
RETIREMENT COMMUNITIES OFFERING CONTINUING CARE AT HOME CONTRACTS SHALL:
1. ENSURE THAT ALL CONTINUING CARE RETIREMENT COMMUNITY EMPLOYEES OR
CONTRACTORS PROVIDING SERVICES TO CONTINUING CARE AT HOME CONTRACT HOLD-
ERS ARE DULY LICENSED OR CERTIFIED PURSUANT TO LAW, WHICH SHALL INCLUDE
BUT NOT BE LIMITED TO ANY LICENSURE REQUIREMENTS FOR THE PROVISION OF
HOME CARE SERVICES SET FORTH IN ARTICLE THIRTY-SIX OF THIS CHAPTER;
2. INCLUDE ALL OPERATING EXPENSES FOR CONTINUING CARE AT HOME
CONTRACTS IN THE CALCULATION OF RESERVE REQUIREMENTS REQUIRED BY THE
DEPARTMENT OF FINANCIAL SERVICES; AND
3. INCLUDE ALL OPERATING ACTIVITIES FOR CONTINUING CARE AT HOME
CONTRACTS IN THE TOTAL OPERATION OF THE COMMUNITY WHEN SUBMITTING FINAN-
CIAL REPORTS AS REQUIRED BY THE DEPARTMENT AND THE DEPARTMENT OF FINAN-
CIAL SERVICES.
S 17. Subdivision 1 of section 4612 of the public health law, as
amended by chapter 549 of the laws of 2014, is amended to read as
follows:
1. [Residents in a community authorized by this article] CONTINUING
CARE RETIREMENT CONTRACT HOLDERS shall have the right of self-organiza-
tion, the right to be represented by one or more individuals of their
own choosing, and the right to engage in concerted activities for the
purpose of keeping informed of the operation of the community in which
they live.
S 18. Subdivisions 1 and 2 section 4614 of the public health law, as
amended by chapter 549 of the laws of 2014, are amended to read as
follows:
1. The commissioner, or designee; and the superintendent, or designee;
may at any time, and shall at least once every three years, visit each
community and examine the business of any applicant for a certificate of
authority and any operator engaged in the execution of continuing care
retirement [community] contracts or continuing care at home contracts or
engaged in the performance of obligations under such contracts. Routine
examinations may be conducted by having documents designated by and
submitted to such commissioners or superintendent, which shall include
financial documents and records conforming to commonly accepted account-
ing principles and practices. The final written report of each such
examination conducted by such commissioners or superintendent shall be
filed with the commissioner and, when so filed, shall constitute a
public record. A copy of each report shall be provided to members of the
continuing care retirement community council. Any operator being exam-
ined shall, upon request, give reasonable and timely access to all of
its records. The representative or examiner designated by the commis-
sioners or superintendent, respectively, may, at any time, examine the
records and affairs and inspect the community's facilities, whether in
connection with a formal examination or not.
S. 3547 10
2. Any duly authorized officer, employee, or agent of the health
department, or department of financial services may, upon presentation
of proper identification, have access to, and inspect, any records main-
tained by the community [or by the continuing care at home corporation]
relevant to the respective agency's regulatory authority, with or with-
out advance notice, to secure compliance with, or to prevent a violation
of, any provision of this article.
S 19. Paragraph k of subdivision 1 of section 4615 of the public
health law, as amended by chapter 549 of the laws of 2014, is amended to
read as follows:
k. The commissioner has found violations of applicable statutes, rules
or regulations which threaten to affect directly the health, safety, or
welfare of a resident [of a continuing care retirement community or a
contract holder of a continuing care at home contract].
S 20. The section heading and subdivision 2 of section 4623 of the
public health law, the section heading as amended by chapter 549 of the
laws of 2014 and subdivision 2 as amended by chapter 659 of the laws of
1997, are amended to read as follows:
Long term care insurance and continuing care retirement contracts OR
CONTINUING CARE AT HOME CONTRACTS.
2. With regard to nursing facility or home health care services which
are part of the continuing care retirement contract OR CONTINUING CARE
AT HOME CONTRACT, any elimination or waiting periods and any deduct-
ibles, copayments, or other amounts not paid for by such long term care
insurance or medical assistance payments shall be the responsibility of
the continuing care retirement community. The resident shall not be
liable to pay any such amounts.
S 21. This act shall take effect April 1, 2015 and shall be deemed to
have been in full force and effect on and after the effective date of
chapter 549 of the laws of 2014.
