N.Y. Public Health Law § 2808-b: Certification of financial statements and financial information

§ 2808-b. Certification of financial statements and financial

information. 1. All financial statements or financial information

required by law or regulation to be submitted by a nursing home or

facility providing health-related service shall be certified in their

entirety by an independent certified public accountant or independent

public accountant. The commissioner shall by regulation establish the

form of certification which shall ensure that the certified public

accountant or public accountant:

(a) has disclosed any and all material facts known to him, disclosure

of which is necessary to make the financial statements or financial

information not misleading; and

(b) during the period of his professional engagement, at the time of

expressing his opinion, or during the period covered by the financial

statements, did not have nor was committed to acquire, any direct

financial interest or material indirect financial interest in the

ownership or operation of the nursing home or facility; and

(c) during the period of his professional engagement, at the time of

expressing his opinion or during the period covered by the financial

statements, was not connected in any way with the ownership, financing

or operation of the nursing home or facility as a director, officer or

employee, or in any capacity other than as an independent certified

public accountant or independent public accountant; and

(d) subsequent to such certification discloses any material fact

discovered by him which existed at the time of such certification and

was not disclosed in the financial statements or financial information,

the disclosure of which is necessary to make the financial statements or

financial information not misleading and discloses any material

misstatement in said financial statements or financial information.

2. Any person submitting a financial statement or financial

information which he knows to be false or certifying a financial

statement or financial information which he knows to be false shall be

guilty of a class E felony.