4605 - Certificate of authority; authority of operator.

§  4605.  Certificate  of  authority;  authority  of  operator.  1.  A  certificate of authority shall authorize an operator:    a. to operate a continuing care retirement community and to enter into  contracts pertaining to such community;    b. to prepare and make public information that details  the  terms  of  any contract relating to a community;    c.  to  advertise  the community and the related services that will be  provided pursuant to this article; and    d. to  offer  and  execute  contracts,  including  the  collection  of  entrance  fees  and deposits pursuant to section forty-six hundred eight  of this article.    2.  a.  The  commissioner,  in  consultation  with  the  council,  may  authorize  an  operator  of  a  community  with an on-site or affiliated  residential health care facility  to  provide,  for  a  limited  period,  residential  health  care  facility  services  to  persons,  who are not  residents of the community, provided, however, that the  operator  shall  not  discriminate in the admission, retention or care of any such person  because such person is or will be eligible  for,  or  receives  or  will  receive, medical assistance benefits pursuant to title eleven of article  five of the social services law.    b.  The  commissioner, in consultation with the council, may authorize  an operator of a community with an  on-site  or  affiliated  adult  care  facility  to provide, for a limited period, adult care facility services  to persons, who are not residents of the community,  provided,  however,  that  the operator shall not discriminate in the admission, retention or  care of any such person because such person is or will be eligible  for,  or  receives  or  will  receive, medical assistance benefits pursuant to  title eleven of article five of the social services law or  supplemental  security income benefits pursuant to title sixteen of the federal social  security  act  and any additional state payments made under title six of  article five of the social services law.