Section 4603. Commissioner; powers and duties  


Latest version.
  • The  commissioner,  in
      consultation with the council,  shall  have  the  following  powers  and
      duties:
        1. to receive applications from potential operators of continuing care
      retirement communities and to distribute such applications for review to
      the participating agencies;
        2.  to  collect  and  compile  recommendations  from the participating
      agencies   and   to   present    consolidated    materials,    including
      recommendations, to the council for its review and action;
        3.  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;
        4. to provide information to entities wishing to establish  continuing
      care  retirement  communities  and  to  persons  interested  in becoming
      residents of such communities and to assist operators and  residents  of
      such  communities,  to the extent appropriate, with concerns relating to
      the operation of such facilities;
        5. to issue certificates of authority to those applicants approved  by
      the council;
        6.   to   coordinate   the   interagency   regulatory  review  of  the
      applications, development and operations  of  communities  in  order  to
      minimize duplication or delay;
        7.   if  the  immediate  health,  safety,  or  financial  needs  of  a
      community's residents are in jeopardy, to suspend or limit a certificate
      of authority pursuant to subdivision two of  section  forty-six  hundred
      fifteen  of  this article. If the commissioner suspends a certificate of
      authority, he shall immediately notify the council;
        8. to make recommendations concerning  and  to  promulgate  rules  and
      regulations and amendments thereto that have been adopted by the council
      to effectuate the provisions of this article;
        9.   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;
        10.  to  make  available  to  all  prospective operators all pertinent
      regulations regarding health and insurance necessary to comply with this
      article;
        11.  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 cancelable priority reservation agreements and
      to  collect  refundable  priority  reservation  fees  from   prospective
      residents;  provided that in any case where the commissioner proposes to
      reject such application, the council  shall  meet  within  a  reasonable
      period  of  time not to exceed ninety days to make a final determination
      regarding such application; and
        12. to approve or reject any proposed refinancing consistent with  the
      guidelines   established   pursuant  to  subdivision  three  of  section
      forty-six hundred two of this article.