N.Y.
Public Health Law Section 4602
Commissioner
- powers and duties
a.
to receive applications from potential operators of continuing care retirement communities and to distribute such applications for review to the participating agencies;b.
to develop uniform forms for applications for certificates of authority, to review the status of such applications, and to coordinate the review of such applications in order to minimize duplication or delay;c.
to provide information to entities wishing to establish continuing care retirement communities and to persons interested in becoming residents of such communities, to the extent appropriate, with concerns relating to the operation of such facilities;d.
to issue certificates of authority to approved applicants;e.
to approve or reject applications to obtain a certificate of authority for the establishment and operation of a continuing care retirement community. In reviewing applications, the commissioner shall consider the extent to which the applications reflect various sponsorships, organizational structures, geographic dispersion, and the public benefit. In determining the public benefit of a community requiring construction of a total nursing facility component greater than or equal to ninety beds, the commissioner shall obtain and consider the recommendation of the public health and health planning council with regard to the effect of the construction of the community’s nursing facility beds upon existing facilities in the same geographic area;f.
to require the reporting of such facts and information as the commissioner may deem necessary to enforce the provisions of this article;g.
to coordinate the oversight of operating communities and to assign review and regulatory responsibility for particular aspects of such communities to the appropriate agencies, consistent with their legal authority, to assure consistent state supervision without duplication of inspection or regulatory review;h.
to make such recommendations to the governor and the legislature as may be necessary to encourage or further regulate the development of continuing care retirement communities;i.
to establish and charge equitable and reasonable annual charges for operators, not to exceed fifty dollars per approved living unit, to subsidize, in part, expenditures incurred in reviewing applications for certificates of authority and in inspecting, regulating, supervising and auditing continuing care retirement communities;j.
to adopt rules and regulations and amendments thereto to effectuate the provisions of this article;k.
to revoke, suspend, limit, or annul a certificate of authority under conditions set forth in § 4615 (Revocation, suspension or annulment of certificate of authority)section forty-six hundred fifteen of this article, including when such action is taken at the specific request of any participating council agency.l.
to carry out any other responsibilities entrusted to the commissioner pursuant to this chapter that may be necessary with regard to the health care activities of continuing care retirement communities;m.
to make available to all prospective operators all pertinent regulations regarding health and insurance necessary to comply with this article;n.
to approve or reject applications for authorization by prospective continuing care retirement community applicants, entities that have filed an application for a certificate of authority and operators, to enter into cancellable priority reservation agreements and to collect refundable priority reservation fees from prospective residents;o.
to require the reporting of such facts and information as the commissioner may deem necessary to determine whether characteristics of residential health care demonstration facilities such as comprehensive systems of residential and support services for the elderly may be successfully incorporated into existing or approved continuing care retirement communities;p.
to review and approve or reject applications by continuing care retirement community operators to use entrance fees to assist the operator in financing the construction or purchase of a proposed continuing care retirement community in accordance with paragraph b of subdivision six of § 4610 (Entrance fee escrow account)section forty-six hundred ten of this article; andq.
to review and approve or reject any proposed financing by industrial development agencies of continuing care retirement communities pursuant to article eighteen-A of the general municipal law as authorized by § 4604-A (Commissioner approval required for industrial development agency financing in connection with continuing care retirement communities)section forty-six hundred four-a of this article.
Source:
Section 4602 — Commissioner; powers and duties, https://www.nysenate.gov/legislation/laws/PBH/4602 (updated Jan. 16, 2026; accessed Feb. 14, 2026).
