Legislation
SECTION 4614
Audits
Public Health (PBH) CHAPTER 45, ARTICLE 46
§ 4614. Audits. * 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 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.
* NB Effective until June 1, 2026
* 1. The commissioner, 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 examinations may be conducted by having
documents designated by and submitted to such 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 such 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.
* NB Effective June 1, 2026
* 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
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.
* NB Effective until June 1, 2026
* 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
agency's regulatory authority, with or without advance notice, to secure
compliance with, or to prevent a violation of, any provision of this
article.
* NB Effective June 1, 2026
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.
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 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.
* NB Effective until June 1, 2026
* 1. The commissioner, 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 examinations may be conducted by having
documents designated by and submitted to such 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 such 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.
* NB Effective June 1, 2026
* 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
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.
* NB Effective until June 1, 2026
* 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
agency's regulatory authority, with or without advance notice, to secure
compliance with, or to prevent a violation of, any provision of this
article.
* NB Effective June 1, 2026
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.