N.Y. Pub. Health Law § 4603

§ 4603. Commissioner; powers and duties. The commissioner, in\nconsultation with the council, shall have the following powers and\nduties:\n 1. to receive applications from potential operators of continuing care\nretirement communities and to distribute such applications for review to\nthe participating agencies;\n 2. to collect and compile recommendations from the participating\nagencies and to present consolidated materials, including\nrecommendations, to the council for its review and action;\n 3. to develop uniform forms for applications for certificates of\nauthority, to review the status of such applications, and to coordinate\nthe review of such applications in order to minimize duplication or\ndelay;\n 4. to provide information to entities wishing to establish continuing\ncare retirement communities and to persons interested in becoming\nresidents of such communities and to assist operators and residents of\nsuch communities, to the extent appropriate, with concerns relating to\nthe operation of such facilities;\n 5. to issue certificates of authority to those applicants approved by\nthe council;\n 6. to coordinate the interagency regulatory review of the\napplications, development and operations of communities in order to\nminimize duplication or delay;\n 7. if the immediate health, safety, or financial needs of a\ncommunity's residents are in jeopardy, to suspend or limit a certificate\nof authority pursuant to subdivision two of section forty-six hundred\nfifteen of this article. If the commissioner suspends a certificate of\nauthority, he shall immediately notify the council;\n 8. to make recommendations concerning and to promulgate rules and\nregulations and amendments thereto that have been adopted by the council\nto effectuate the provisions of this article;\n 9. to carry out any other responsibilities entrusted to the\ncommissioner pursuant to this chapter that may be necessary with regard\nto the health care activities of continuing care retirement communities;\n 10. to make available to all prospective operators all pertinent\nregulations regarding health and insurance necessary to comply with this\narticle;\n 11. to approve or reject applications for authorization, by\nprospective continuing care retirement community applicants, entities\nthat have filed an application for a certificate of authority and\noperators, to enter into cancelable priority reservation agreements and\nto collect refundable priority reservation fees from prospective\nresidents; provided that in any case where the commissioner proposes to\nreject such application, the council shall meet within a reasonable\nperiod of time not to exceed ninety days to make a final determination\nregarding such application; and\n 12. to approve or reject any proposed refinancing consistent with the\nguidelines established pursuant to subdivision three of section\nforty-six hundred two of this article.\n