N.Y. Public Health Law § 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 of obligations

under such contracts. Routine examinations may be conducted by having

documents designated by and submitted to the commissioner, which shall

include financial documents and records conforming to commonly accepted

accounting principles and practices. The final written report of each

such examination conducted by the commissioner shall be filed with the

commissioner and, when so filed, shall constitute a public record. A

copy of each report shall be provided to members of the continuing care

retirement community council. Any operator being examined shall, upon

request, give reasonable and timely access to all of its records. The

representative or examiner designated by the commissioner may, at any

time, examine the records and affairs and inspect the community's

facilities, whether in connection with a formal examination or not.

2. Any duly authorized officer, employee, or agent of the department

may, upon presentation of proper identification, have access to and

inspect, any records maintained by the community relevant to the

department's regulatory authority, with or without advance notice, to

secure compliance with, or to prevent a violation of, any provision of

this article.

3. Reports of the results of such examinations and inspections shall

be kept on file by the commissioner and shall be open to public

inspection at the community, provided any records, reports or documents

which by state or federal law or regulation are deemed confidential

shall not be distributed or made available unless and until such

confidential status has expired.