4614 - Audits. - New York Statutes

§ 4614. Audits. 1. The commissioner, or designee; the superintendent, or designee; and, with regard to communities for which the department of social services has regulatory responsibility, the commissioner of social services, or 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 continuing care retirement contracts or engaged in the performance of obligations under such contracts. Routine examinations may be conducted by having documents designated by and submitted to such commissioners or superintendent, 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 such commissioners or superintendent 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 commissioners or superintendent, respectively, 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 health department, social services department, or insurance department may, upon presentation of proper identification, have access to, and inspect, any records maintained by the community relevant to the respective agency'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 may not be distributed or made available unless and until such confidential status has expired.