4616 – Appointment of a Caretaker.
§ 4616. Appointment of a caretaker. Upon a determination by the council that there exists operational deficiencies in a continuing care retirement community that show: 1. a condition or conditions in substantial violation of the standards for health, safety or patient care established under federal or state law or regulations; 2. or that there exists […]
4617 – Receiverships.
§ 4617. Receiverships. 1. The council may, if it determines that serious operational deficiencies exist or serious financial problems exist and such action is desirable, enter into an agreement with the operator or owners of a continuing care retirement community with respect to the appointment of a receiver to take charge of the community under […]
4618 – Civil Action.
§ 4618. 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 six and forty-six hundred seven of this article; or delivers to the prospective resident a disclosure statement or […]
4619 – Criminal Penalties.
§ 4619. 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 limits the power of the state to punish any person for any […]
4620 – Separability.
§ 4620. 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 […]
4621 – Priority Reservation Agreements; Prior to Obtaining a Certificate of Authority.
§ 4621. 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 continuing care retirement community, prior to obtaining a certificate of authority […]
4622 – Priority Reservation Agreements; After Obtaining a Certificate of Authority.
§ 4622. 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 continuing care retirement community, after obtaining a certificate of authority under this article. 1. […]
4623 – Long Term Care Insurance and Continuing Care Retirement Contracts or Continuing Care at Home Contracts.
§ 4623. Long term care insurance and continuing care retirement contracts or continuing care at home contracts. 1. The council may approve an application for a certificate of authority and the commissioner may issue a certificate of authority for the establishment and operation of a continuing care retirement community under an arrangement which otherwise complies […]
4624 – Continuing Care Retirement Communities Making Assurances Regarding Long Term Care.
§ 4624. Continuing care retirement communities making assurances regarding long term care. 1. Nothing in this article shall obligate a continuing care retirement community to offer life care contracts; provided, however, that only continuing care retirement communities which offer life care contracts or which comply with the requirements set forth in subdivision two of this […]
4611 – Reserves and Supporting Assets.
§ 4611. Reserves and supporting assets. 1. An operator shall maintain reserve liabilities and supporting assets in an amount and for the purposes set forth in a regulation issued by the superintendent of financial services. Liquid assets must be maintained for the following reserve liabilities: a. Principal and interest payments and payments for taxes and […]