4671 – Civil Action.
§ 4671. Civil action. Any person who, as or on behalf of an operator, enters into a contract without having first delivered to the prospective resident the disclosure statement and annual report required by sections forty-six hundred fifty-seven and forty-six hundred fifty-eight of this article; or delivers to the prospective resident a disclosure statement or […]
4672 – Criminal Penalties.
§ 4672. Criminal penalties. 1. A person, partnership, corporation, controlling person, or agent or employee thereof, who knowingly uses or employs any act or practice in violation of this article shall be guilty of a class A misdemeanor. 2. Nothing under this article shall be deemed to limit the power of the state to punish […]
4673 – Separability.
§ 4673. Separability. If any clause, sentence, paragraph, section or part of this article shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part of this article […]
4674 – Priority Reservation Agreements; Prior to Obtaining a Certificate of Authority.
§ 4674. Priority reservation agreements; prior to obtaining a certificate of authority. The provisions of this section shall apply to entities that seek approval to enter into priority reservation agreements and to solicit, collect or receive priority reservation fees, with respect to a proposed fee-for-service continuing care retirement community, prior to obtaining a certificate of […]
4675 – Priority Reservation Agreements; After Obtaining a Certificate of Authority.
§ 4675. Priority reservation agreements; after obtaining a certificate of authority. The provisions of this section apply to entities that seek approval to enter into priority reservation agreements and to solicit, collect or receive priority reservation fees, with respect to a fee-for-service continuing care retirement community, after obtaining a certificate of authority under this article. […]
4676 – Industrial Development Agency Financing.
§ 4676. Industrial development agency financing. Fee-for-service continuing care retirement communities developed pursuant to this article shall be eligible for industrial development financing in accordance with section forty-six hundred four-a of this chapter except for paragraphs b and g of subdivision two of such section and financing by any public benefit corporation authorized to make […]
4666 – Advertisements.
§ 4666. Advertisements. No person, partnership, corporation, company, trust or association, or any agent or employee thereof, shall publish or cause to be published, circulated, or disseminated any financial statement, pamphlet, circular, form letter, advertisement, or other sales literature or advertising communication addressed or intended for distribution to prospective residents of fee-for-service continuing care retirement […]
4667 – Audits.
§ 4667. Audits. 1. The commissioner, or his or her 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 fee-for-service continuing care contracts or engaged in the performance […]
4668 – Revocation, Suspension or Annulment of Certificate of Authority.
§ 4668. Revocation, suspension or annulment of certificate of authority. 1. The council may revoke, suspend, limit or annul the certificate of authority of an operator upon proof that: a. The operator failed to continue to meet the requirements for the authority originally granted; b. The operator lacked one or more of the qualifications for […]
4669 – Appointment of a Caretaker.
§ 4669. Appointment of a caretaker. Upon a determination by the council that there exists operational deficiencies in a fee-for-service continuing care retirement community that show: 1. there exists in the facility a pattern or practice of habitual violation of the standards of health, safety or patient care established under federal or state law or […]