Assembly Bill A9486

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9486
 
                           I N  A S S E M B L Y
 
                              January 7, 2026
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on Health
 
 AN ACT to amend the public health law and the insurance law, in relation
   to  oversight  of  continuing  care retirement communities; to amend a
   chapter of the laws of 2025 amending the public  health  law  and  the
   insurance law relating to promoting efficient and effective  oversight
   of    continuing  care  retirement   communities and repealing certain
   provisions of such law relating thereto, as  proposed  in  legislative
   bills numbers S. 4585 and A.  1464-A, in relation to the effectiveness
   thereof;  and to repeal certain provisions of such chapter of the laws
   of 2025 relating thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  4602  of  the public health law, as amended by a
 chapter of the laws of 2025 amending  the  public  health  law  and  the
 insurance law relating to promoting efficient and effective oversight of
 continuing      care  retirement    communities  and  repealing  certain
 provisions of such law   relating thereto, as  proposed  in  legislative
 bills numbers S. 4585 and A. 1464-A, is amended to read as follows:
   §  4602.  Commissioner; powers and duties. The commissioner shall have
 the following powers and duties:
   [a.] 1. to receive applications from potential operators of continuing
 care retirement communities and  to  distribute  such  applications  for
 review to the participating agencies;
   [b.]  2. to develop uniform forms for applications for certificates of
 authority, to review the status of such applications, and to  coordinate
 the  review  of  such  applications  in order to minimize duplication or
 delay;
   [c.] 3. to  provide  information  to  entities  wishing  to  establish
 continuing  care  retirement  communities  and  to persons interested in
 becoming residents of such communities, to the extent appropriate,  with
 concerns relating to the operation of such facilities;
   [d.] 4. to issue certificates of authority to approved applicants;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03871-04-6
              

 A. 9486                             2
 
   [e.]  5.  to approve or reject applications to obtain a certificate of
 authority for the establishment  and  operation  of  a  continuing  care
 retirement  community. In reviewing applications, the commissioner shall
 consider the extent to which the applications reflect  various  sponsor-
 ships,  organizational structures, geographic dispersion, and the public
 benefit. In determining the public  benefit  of  a  community  requiring
 construction of a total nursing facility component greater than or equal
 to ninety beds, the commissioner shall obtain and consider the recommen-
 dation  of  the public health and health planning council with regard to
 the effect of the construction of the community's nursing facility  beds
 upon existing facilities in the same geographic area;
   [f.]  6. to require the reporting of such facts and information as the
 commissioner may deem necessary to enforce the provisions of this  arti-
 cle;
   [g.]  7.  to  coordinate the oversight of operating communities and to
 assign review and regulatory responsibility for  particular  aspects  of
 such  communities  to  the  appropriate  agencies, consistent with their
 legal authority, to assure consistent state supervision  without  dupli-
 cation of inspection or regulatory review;
   [h.]  8. to make such recommendations to the governor and the legisla-
 ture as may be necessary to encourage or further regulate  the  develop-
 ment of continuing care retirement communities;
   [i.] 9. to establish and charge equitable and reasonable annual charg-
 es  for operators, not to exceed fifty dollars per approved living unit,
 to subsidize, in part, expenditures incurred in  reviewing  applications
 for certificates of authority and in inspecting, regulating, supervising
 and auditing continuing care retirement communities;
   [j.]  10.  to  adopt  rules  and regulations and amendments thereto to
 effectuate the provisions of this article;
   [k.] 11. to revoke, suspend, limit, or annul a certificate of authori-
 ty under conditions set forth in section forty-six  hundred  fifteen  of
 this  article,  including  when  such  action  is  taken at the specific
 request of any participating council agency[.];
   [l.] 12. to carry out any  other  responsibilities  entrusted  to  the
 commissioner  pursuant to this chapter that may be necessary with regard
 to the health care activities of continuing care retirement communities;
   [m.] 13. to make available to all prospective operators all  pertinent
 regulations regarding health and insurance necessary to comply with this
 article;
   [n.]  14.  to  approve  or  reject  applications  for authorization by
 prospective continuing care retirement  community  applicants,  entities
 that have filed an application for a certificate of authority and opera-
 tors,  to  enter into cancellable priority reservation agreements and to
 collect refundable priority reservation fees from prospective residents;
   [o.] 15. to require the reporting of such facts and information as the
 commissioner may deem necessary to determine whether characteristics  of
 residential  health  care demonstration facilities such as comprehensive
 systems of residential and support  services  for  the  elderly  may  be
 successfully  incorporated  into  existing  or  approved continuing care
 retirement communities;
   [p.] 16. to review and approve or reject  applications  by  continuing
 care  retirement  community operators to use entrance fees to assist the
 operator in financing the construction or purchase of a proposed contin-
 uing care retirement community in accordance with paragraph b of  subdi-
 vision six of section forty-six hundred ten of this article; [and]
 A. 9486                             3
 
   [q.]  17.  to  review  and approve or reject any proposed financing by
 industrial development agencies of continuing care  retirement  communi-
 ties  pursuant  to  article  eighteen-A  of the general municipal law as
 authorized by section forty-six hundred four-a of this article[.]; AND
   18.  TO  COORDINATE  THE INTERAGENCY REGULATORY REVIEW OF THE APPLICA-
 TIONS, DEVELOPMENT AND OPERATIONS OF COMMUNITIES IN  ORDER  TO  MINIMIZE
 DUPLICATION OR DELAY.
   §  2.  Section 4603 of the public health law, as added by a chapter of
 the laws of 2025 amending the public health law and  the  insurance  law
 relating  to  promoting  efficient and effective oversight of continuing
 care retirement communities and repealing certain provisions of such law
 relating thereto, as proposed in legislative bills numbers S.  4585  and
 A.  1464-A, is amended to read as follows:
   §  4603.  Continuing  care  retirement  community  council; powers and
 duties. 1. The continuing care retirement community  council  is  hereby
 established, to consist of the following, or their designees: the attor-
 ney general; the commissioner; the director of the office for the aging;
 and  eight public members appointed by the governor [with the advice and
 consent of the senate]. Such public members shall be  representative  of
 the  public, and have a demonstrated expertise or interest in continuing
 care retirement communities; provided that no more than one such  member
 shall  be  a  sponsor,  owner,  operator,  manager, member of a board of
 directors, or shareholder of a continuing care retirement community.  At
 least two public members shall be residents of a continuing care retire-
 ment  community. At least one of the public members shall be a represen-
 tative of an organization with demonstrated experience  in  representing
 the  interests  of  senior  citizens.  The public members of the council
 shall have fixed terms of four years. The council shall  be  chaired  by
 the commissioner or the designee of such commissioner.
   (A) Members of such council shall serve without compensation for their
 services  as  members  of  the  council, except that each of them may be
 allowed the necessary and actual expenses which such member shall  incur
 in the performance of their duties under this article.
   (B) A MAJORITY OF THE APPOINTED VOTING MEMBERSHIP OF THE COUNCIL SHALL
 CONSTITUTE A QUORUM.
   2. The council shall meet as often as THE COMMISSIONER may [be deemed]
 DEEM  necessary  to fulfill its responsibilities. The council shall have
 the following powers and duties:
   a. to [assist] ADVISE the commissioner on policy  matters  related  to
 the  establishment  and operation of continuing care retirement communi-
 ties;
   b. to [assist] ADVISE the  commissioner  in  the  development  of  the
 state's  overall policy regarding continuing care retirement communities
 and cause studies and research to be conducted as it may deem  advisable
 and necessary; and
   c.  to  make [such] ANY OTHER recommendations to the [governor and the
 legislature] COMMISSIONER as may be necessary to  encourage  or  further
 regulate the development of continuing care retirement communities.
   §  3.  Subdivision  4  of  section  4604  of the public health law, as
 amended by a chapter of the laws of 2025 amending the public health  law
 and  the  insurance  law  relating to promoting efficient and  effective
 oversight of  continuing   care retirement   communities  and  repealing
 certain  provisions of such law  relating thereto, as proposed in legis-
 lative bills numbers S. 4585 and  A.  1464-A,  is  amended  to  read  as
 follows:
 A. 9486                             4
 
   4. No certificate of authority shall be issued unless [the commission-
 er has approved] an application meeting the requirements of this section
 and  all  other  requirements  established  by  law [including] HAS BEEN
 APPROVED BY:
   a.  (I)  the  SUPERINTENDENT OF FINANCIAL SERVICES AS TO THE actuarial
 principles involved, the financial feasibility of the facility, the form
 and content of the proposed contracts to be entered into with  residents
 and insurance contracts between an operator and an insurer requiring the
 insurer  to  assume,  wholly  or  in part, the cost of medical or health
 related services to be provided to a resident[, provided that the review
 may be conducted by the commissioner or the designee of such commission-
 er, including any necessary independent actuarial review];
   [b.] (II) THE SUPERINTENDENT OF FINANCIAL SERVICES AS TO the rates and
 rating methodology, if any, to be used by the operator to determine  any
 entrance fee, monthly care fee and/or any separate charges for the hous-
 ing  component of the continuing care contract including but not limited
 to a cooperative or condominium fee charged to the resident as  proposed
 in said operator's application for certificate of authority.  Subsequent
 increases  in  any entrance or monthly care fee in excess of fees calcu-
 lated pursuant to the approved rating methodology shall require approval
 of the [commissioner] SUPERINTENDENT. The term "rating  methodology"  as
 used  herein  shall incorporate a combination of variables including but
 not limited to a pricing structure for  comparable  services,  projected
 operating  and  health care costs and the applicable inflationary impact
 thereon, projected income and  occupancy  rates  and  the  refundability
 component of the continuing care retirement contract;
   [c.]  (III) THE SUPERINTENDENT OF FINANCIAL SERVICES AS TO any monthly
 care fee charged to a resident  which  may  be  increased  or  decreased
 subject  to  approval  by the [commissioner] SUPERINTENDENT OF FINANCIAL
 SERVICES, provided, that monthly care fees may be increased or decreased
 without specific approval as long as such increase or decrease does  not
 exceed  a relevant cost index or indices which reflect all components of
 continuing care including the costs associated with provision of  health
 care as determined and promulgated at least annually by the [commission-
 er  or  the designee of such commissioner, including any necessary inde-
 pendent actuarial review] SUPERINTENDENT, and provided further that  the
 [commissioner]  SUPERINTENDENT  is  notified  of  any  such  increase or
 decrease prior to its taking effect;
   [d. the requirement that an] (IV)  AN  individual  resident's  monthly
 care  fee  shall  not  be  modified  because  of  the increased need for
 services of that resident;
   [e.] B. THE COMMISSIONER AS TO THOSE aspects of the application relat-
 ing to adult care facility beds, if any;
   [f. review by] C. the public health and health planning council as  to
 the  establishment of a skilled nursing facility by the applicant and as
 to such other facilities and services as may require the  public  health
 and  health  planning  council's  approval of the application; provided,
 however, that the recommendations of the health  systems  agency  having
 geographical  jurisdiction of the area where the continuing care retire-
 ment community is located shall not be  required  with  respect  to  the
 establishment of an on-site or affiliated residential health care facil-
 ity  to serve residents as part of the continuing care retirement commu-
 nity, for up to the total number of  residential  health  care  facility
 beds  provided  for  in  subdivision five of this section in communities
 statewide;
 A. 9486                             5
 
   D. THE COMMISSIONER UNDER SECTION TWENTY-EIGHT  HUNDRED  TWO  OF  THIS
 CHAPTER;  provided,  [further] HOWEVER, that, the recommendations of the
 public health and health planning council and the health systems  agency
 having  geographical  jurisdiction of the area where the continuing care
 retirement  community  is  located shall not be required with respect to
 the construction of an on-site or  affiliated  residential  health  care
 facility  to  serve  residents as part of the continuing care retirement
 community, for up to the total number of residential health care facili-
 ty beds provided for in subdivision five of this section in  communities
 statewide; and
   [g.  upon  consultation  with]  E.  the  attorney general, as to those
 aspects of the application relating to  a  cooperative,  condominium  or
 other equity arrangement for the independent living unit, if any.
   §  4.  The  opening  paragraph of subdivision 6 of section 4604 of the
 public health law, as amended by a chapter of the laws of 2025  amending
 the  public health law and the insurance law relating to promoting effi-
 cient and effective oversight of continuing care retirement  communities
 and  repealing  certain  provisions  of  such  law  relating thereto, as
 proposed in legislative bills numbers S. 4585 and A.  1464-A, is amended
 to read as follows:
   If the [applicant has satisfied the criteria]  APPROVALS  required  by
 subdivision  four  of  this section HAVE BEEN OBTAINED, the commissioner
 shall either approve or reject the application.  In order to approve the
 application, the commissioner shall have determined that:
   § 5. Section 4605-a of the public health law, as amended by a  chapter
 of the laws of 2025 amending the public health law and the insurance law
 relating  to  promoting efficient and effective  oversight of continuing
 care retirement communities and repealing certain provisions of such law
 relating thereto, as proposed in legislative bills numbers S.  4585  and
 A.  1464-A, is amended to read as follows:
   § 4605-a. Certificate of authority; authority to offer continuing care
 at  home  contracts.    A continuing care retirement community may offer
 continuing care at home contracts upon approval by the  commissioner  to
 amend the continuing care retirement community's certificate of authori-
 ty.  In order to qualify for an amendment to its certificate of authori-
 ty, the continuing care retirement community shall submit to the commis-
 sioner the following:
   1. a business plan to the commissioner  AND  THE  SUPERINTENDENT  that
 includes the following:
   (a) a description of the continuing care at home services that will be
 provided,  the market that will be served by the continuing care at home
 contracts, and the fees to be charged to prospective continuing care  at
 home contract holders;
   (b) a copy of the proposed continuing care at home contract; and
   (c)  an  actuarial study prepared by an independent actuary in accord-
 ance with standards adopted by the American Academy of Actuaries  demon-
 strating the impact that the continuing care at home contracts will have
 on  the  overall  operations of the continuing care retirement community
 and further demonstrating that the addition of continuing care  at  home
 contracts  will  not jeopardize the financial solvency of the continuing
 care retirement community.
   2. a market feasibility study demonstrating to  the  commissioner  AND
 THE  SUPERINTENDENT  sufficient  consumer interest in continuing care at
 home contracts and further demonstrating that the addition of continuing
 care at home contracts will not have an adverse impact on the  provision
 of services to continuing care retirement contract holders.
 A. 9486                             6
 
   3.  materials  that  meet all requirements established by the NEW YORK
 STATE department OF FINANCIAL SERVICES.
   4.  a  copy  of  the  notification  sent to continuing care retirement
 contract holders describing the anticipated impact of  the  addition  of
 continuing care at home contracts on continuing care retirement communi-
 ty  resources  and  proof that such notification has been distributed to
 all continuing care retirement contract holders.
   § 6. Subdivision 3 of section 4605-b of  the  public  health  law,  as
 amended  by a chapter of the laws of 2025 amending the public health law
 and the insurance law relating  to  promoting  efficient  and  effective
 oversight  of  continuing  care  retirement  communities  and  repealing
 certain provisions of such law relating thereto, as proposed in legisla-
 tive bills numbers S. 4585 and A. 1464-A, is amended to read as follows:
   3. Conditions set forth by the NEW YORK STATE department OF  FINANCIAL
 SERVICES, based upon the [commissioner's] SUPERINTENDENT'S assessment of
 the following:
   (a) the overall financial impact on the community; and
   (b)  the  submitted  materials  set forth in section forty-six hundred
 five-a of this article.
   § 7. Section 4607 of the public health law, as amended by a chapter of
 the laws of 2025 amending the public health law and  the  insurance  law
 relating  to  promoting  efficient and effective oversight of continuing
 care retirement communities and repealing certain provisions of such law
 relating thereto, as proposed in legislative bills numbers S.  4585  and
 A. 1464-A, is amended to read as follows:
   § 4607. Annual statement.  1. Within four months of close of the oper-
 ator's  fiscal year, unless an extension of time to file has been grant-
 ed, the operator shall file an annual statement  with  the  commissioner
 AND  SUPERINTENDENT  showing  the  condition  as  of the last day of the
 preceding calendar or fiscal year. If the commissioner [does] AND SUPER-
 INTENDENT DO not receive the annual statement within four months of  the
 end  of  the  operator's fiscal year or have not granted an extension of
 time to file, the commissioner may charge a late fee.
   2. The annual statement shall be in  such  form  as  the  commissioner
 prescribes and shall contain at least the following:
   a. Any change in status with respect to the information required to be
 submitted pursuant to section forty-six hundred four of this article;
   b.  Financial  statements  audited  by an independent certified public
 accountant, which shall contain, for two or more periods if the communi-
 ty has been in existence that long, the following:
   (i) an accountant's opinion and, in accordance with generally accepted
 accounting principles:
   (A) a balance sheet,
   (B) a statement of income and expenses,
   (C) a statement of equity or fund balances,
   (D) a statement of changes in financial position,
   (ii) notes to the financial statements considered customary or  neces-
 sary  to  ensure  full disclosure of the financial statements, financial
 condition, and operation;
   c. A detailed listing of the assets maintained for the reserves;
   d. A copy of the  most  recent  actuarial  review  of  the  community,
 including  such  information  as  may  be required by the [commissioner]
 SUPERINTENDENT including an opinion of a qualified  consulting  actuary,
 as  to  the  current  and projected soundness of the community, provided
 however that a new actuarial review must be submitted triennially; and
 A. 9486                             7
 
   e. Such other  reasonable  financial  and  other  information  as  the
 commissioner AND SUPERINTENDENT may require with respect to the operator
 or  the  community,  or  its  directors,  controlling persons, trustees,
 members, branches, subsidiaries or affiliates to determine the financial
 status of the community and the management capabilities of the operator.
   3.  Sixty  days before commencement of each calendar or fiscal year or
 official opening date, whichever is applicable, each operator shall file
 with the commissioner AND SUPERINTENDENT a  computation  of  the  annual
 long-term debt service and a projected annual revenue and expense summa-
 ry for the next ten years.
   §  8.  Subdivision  1  of  section  4658  of the public health law, as
 amended by a chapter of the laws of 2025 amending the public health  law
 and  the  insurance  law  relating  to promoting efficient and effective
 oversight  of  continuing  care  retirement  communities  and  repealing
 certain provisions of such law relating thereto, as proposed in legisla-
 tive bills numbers S. 4585 and A. 1464-A, is amended to read as follows:
   1. Within four months of close of an operator's fiscal year, unless an
 extension  of  time to file has been granted, the operator shall file an
 annual statement with the commissioner showing the condition as  of  the
 last  day  of the preceding calendar or fiscal year. If the commissioner
 does not receive the annual statement within four months of the  end  of
 the  operator's  fiscal  year or has not granted an extension of time to
 file, the [council] COMMISSIONER may charge a late fee.
   § 9. Subdivision 16 of section 4608  of  the  public  health  law,  as
 amended  by a chapter of the laws of 2025 amending the public health law
 and the insurance law relating to promoting  efficient  and    effective
 oversight  of   continuing   care retirement   communities and repealing
 certain provisions of such law  relating thereto, as proposed in  legis-
 lative  bills  numbers  S.  4585  and  A.  1464-A, is amended to read as
 follows:
   16. A statement that any amendment to the contract and any  change  in
 fees  or  charges, other than those within the guidelines of an approved
 rating system, must be approved by the [commissioner] SUPERINTENDENT  OF
 FINANCIAL SERVICES;
   §  10.  Subdivisions 1 and 2 of section 4614 of the public health law,
 as amended by a chapter of the laws of 2025 amending the  public  health
 law and the insurance law relating to promoting efficient and  effective
 oversight   of   continuing   care retirement  communities and repealing
 certain provisions of such law  relating thereto, as proposed in  legis-
 lative  bills  numbers  S.  4585  and  A. 1464-A, are amended to read as
 follows:
   1. The commissioner, or designee; AND THE SUPERINTENDENT, 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 continuing care at home contracts or engaged  in
 the  performance  of  obligations under such contracts. Routine examina-
 tions may be conducted by having documents designated by  and  submitted
 to  such  [commissioner]  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  [commissioner]  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
 A. 9486                             8
 
 timely access to all of its  records.  The  representative  or  examiner
 designated   by  the  [commissioner]  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,  OR  DEPARTMENT OF FINANCIAL SERVICES may, upon presentation
 of proper identification, have access to, and inspect, any records main-
 tained 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.
   §  11.  Paragraphs  g  and  j  of subdivision 1 of section 4615 of the
 public health law, as amended by a chapter of the laws of 2025  amending
 the  public health law and the insurance law relating to promoting effi-
 cient and effective oversight of continuing care retirement  communities
 and  repealing  certain  provisions  of  such  law  relating thereto, as
 proposed in legislative bills numbers S. 4585 and A. 1464-A, are amended
 to read as follows:
   g. The operator failed to comply with[, or violated, any proper order,
 rule or regulation of the council or violated]  any  provision  of  this
 article;
   j.  The [commissioner] SUPERINTENDENT OF FINANCIAL SERVICES has made a
 determination that the operator  is  insolvent  within  the  meaning  of
 section one thousand three hundred nine of the insurance law; or
   §  12.  Paragraph  g  of  subdivision  1 of section 4668 of the public
 health law, as amended by a chapter of the laws  of  2025  amending  the
 public  health law and the insurance law relating to promoting efficient
 and  effective oversight  of  continuing  care retirement    communities
 and  repealing  certain  provisions  of  such law   relating thereto, as
 proposed in legislative bills numbers S. 4585 and A. 1464-A, is  amended
 to read as follows:
   g.  The operator failed to comply with, or violated, any proper order,
 rule or regulation [of the council], or violated any provision  of  this
 article;
   §  13.  Subdivision  1  of  section  4623 of the public health law, as
 amended by a chapter of the laws of 2025 amending the public health  law
 and  the  insurance  law  relating  to promoting efficient and effective
 oversight  of  continuing  care  retirement  communities  and  repealing
 certain provisions of such law relating thereto, as proposed in legisla-
 tive bills numbers S. 4585 and A. 1464-A, is amended to read as follows:
   1.  The  commissioner  may approve an application for a certificate of
 authority and may issue a certificate of authority for the establishment
 and operation  of  a  continuing  care  retirement  community  under  an
 arrangement which otherwise complies with the requirements of this arti-
 cle  except  that  the  costs  of  nursing  facility or home health care
 services are paid for in whole or in part by (a) long term  care  insur-
 ance  obtained  and  paid  for  by the resident or by medical assistance
 payments in accordance with the partnership for long term  care  program
 pursuant  to  section three hundred sixty-seven-f of the social services
 law and section three thousand two hundred twenty-nine of the  insurance
 law  or  (b) other group or individual long term care insurance approved
 by the superintendent [and the council] in connection with the  applica-
 tion.  The  [council] COMMISSIONER, in consultation with the superinten-
 dent, shall provide  for  adequate  disclosure  to  residents  of  their
 options,  rights  and  obligations  under such an arrangement, and shall
 A. 9486                             9
 
 establish standards for the remittance and collection  of  premiums  and
 monthly care fees.
   §  14.  The  opening paragraph of subdivision 5 of section 4655 of the
 public health law, as amended by a chapter of the laws of 2025  amending
 the  public health law and the insurance law relating to promoting effi-
 cient and  effective  oversight  of  continuing  care retirement  commu-
 nities  and  repealing certain provisions of such law  relating thereto,
 as proposed in legislative bills numbers  S.  4585  and  A.  1464-A,  is
 amended to read as follows:
   If  the  [applicant  has satisfied the criteria] APPROVALS required by
 subdivision four-a of this section have been obtained, the  commissioner
 shall  either approve or reject the application. In order to approve the
 application, the commissioner shall have determined that:
   § 15. Section 4611 of the public health law, as amended by  a  chapter
 of the laws of 2025 amending the public health law and the insurance law
 relating to promoting efficient and  effective  oversight of  continuing
 care  retirement    communities and repealing certain provisions of such
 law  relating thereto, as proposed in legislative bills numbers S.  4585
 and A. 1464-A, is amended to read as follows:
   § 4611. Reserves and supporting assets.  1. An operator shall maintain
 reserve  liabilities  and  supporting  assets  in  an amount and for the
 purposes set forth in a regulation issued by the  [commissioner]  SUPER-
 INTENDENT  OF  FINANCIAL SERVICES.  Liquid assets must be maintained for
 the following reserve liabilities:
   a. Principal and interest payments and payments for taxes  and  insur-
 ance for up to twelve months;
   b.  Total estimated operating costs for up to six months as set by the
 [commissioner] SUPERINTENDENT;
   c. Repairs and replacements for up to twelve months; and
   d. In addition, the amount of liquid assets must meet  any  cash  flow
 requirements and conditions as set forth in a regulation.
   2.  The assets in support of reserve liabilities of subdivision one of
 this section shall meet quantitative and qualitative standards set forth
 in regulations issued by the [commissioner] SUPERINTENDENT.
   § 16. Section 1119 of the insurance law, as amended by  a  chapter  of
 the  laws  of  2025 amending the public health law and the insurance law
 relating to promoting efficient and  effective  oversight  of   continu-
 ing  care  retirement    communities and repealing certain provisions of
 such law relating thereto, as proposed in legislative bills  numbers  S.
 4585 and A.  1464-A, is amended to read as follows:
   §  1119. Limited exemption for continuing care retirement communities.
 (A) An organization complying with the provisions of  article  forty-six
 of  the  public health law may operate without being licensed under this
 chapter and without being subject to any  provisions  of  this  chapter,
 except  to  the  extent  that  such  organization  must  comply with the
 provisions of this chapter by virtue of such article, AND SUCH ORGANIZA-
 TION MUST COMPLY WITH RULES AND REGULATIONS OF THE SUPERINTENDENT RELAT-
 ING TO:
   (1) FINANCIAL FEASIBILITY OF THE CONTINUING CARE RETIREMENT COMMUNITY,
   (2) ACTUARIAL PRINCIPLES ESTABLISHED RELATING TO SUCH COMMUNITIES,
   (3) APPROVAL OF CONTINUING CARE RETIREMENT CONTRACTS AND THE RATES AND
 RATING SYSTEM, IF ANY, FOR SUCH CONTRACTS.
   (B) THE SUPERINTENDENT MAY PROMULGATE REGULATIONS IN EFFECTUATING  THE
 PURPOSES AND THE PROVISIONS OF THIS CHAPTER AND ARTICLE FORTY-SIX OF THE
 PUBLIC  HEALTH  LAW,  WHICH  MAY  INCLUDE REQUIREMENTS APPLICABLE TO THE
 A. 9486                            10
 
 CONTRACTS BETWEEN A CONTINUING CARE RETIREMENT COMMUNITY AND  ITS  RESI-
 DENTS.
   (C)  SUCH  ORGANIZATION  SHALL BE SUBJECT TO THE PROVISIONS OF ARTICLE
 SEVENTY-FOUR OF THIS CHAPTER. PRIOR  TO  COMMENCING  ACTION  UNDER  SUCH
 ARTICLE SEVENTY-FOUR, THE SUPERINTENDENT SHALL CONSULT WITH THE CONTINU-
 ING  CARE  RETIREMENT  COMMUNITY COUNCIL ESTABLISHED PURSUANT TO SECTION
 FORTY-SIX HUNDRED TWO OF THE PUBLIC HEALTH LAW.
   § 17. Section 34 of a chapter of the laws of 2025 amending the  public
 health  law  and  the  insurance law relating to promoting efficient and
 effective  oversight  of  continuing   care retirement  communities  and
 repealing  certain provisions of such law  relating thereto, as proposed
 in legislative bills numbers S. 4585 and A. 1464-A, is REPEALED.
   § 18. Section 36 of a chapter of the laws of 2025 amending the  public
 health  law  and  the  insurance law relating to promoting efficient and
 effective  oversight  of  continuing   care retirement  communities  and
 repealing  certain provisions of such law  relating thereto, as proposed
 in legislative bills numbers S. 4585 and A. 1464-A, is amended  to  read
 as follows:
   § 36. This act shall take effect immediately[; provided, however, that
 sections  three,  nine, eleven, twelve, thirteen, twenty-eight and twen-
 ty-nine of this act shall take effect June 1,  2026.    Effective  imme-
 diately,  the    addition,  amendment and/or repeal of any rule or regu-
 lation necessary for the implementation of   this act on  its  effective
 date are authorized to be made and completed on or before such effective
 date].
   §  19.  This act shall take effect immediately; provided however, that
 sections one, two, three, four, five,  six,  seven,  eight,  nine,  ten,
 eleven,  twelve,  thirteen,  fourteen,  fifteen  and sixteen of this act
 shall take effect on the same date and in the same manner as  a  chapter
 of the laws of 2025 amending the public health law and the insurance law
 relating to promoting efficient and  effective oversight  of  continuing
 care  retirement    communities and repealing certain provisions of such
 law  relating thereto, as proposed in legislative bills numbers S.  4585
 and A. 1464-A, takes effect.