N.Y. PBH Law § 4667

§ 4667. Audits. 1. The commissioner, or his or her designee, may at\nany time, and shall at least once every three years, visit each\ncommunity and examine the business of any applicant for a certificate of\nauthority and any operator engaged in the execution of fee-for-service\ncontinuing care contracts or engaged in the performance of obligations\nunder such contracts. Routine examinations may be conducted by having\ndocuments designated by and submitted to the commissioner, which shall\ninclude financial documents and records conforming to commonly accepted\naccounting principles and practices. The final written report of each\nsuch examination conducted by the commissioner shall be filed with the\ncommissioner and, when so filed, shall constitute a public record. A\ncopy of each report shall be provided to members of the continuing care\nretirement community council. Any operator being examined shall, upon\nrequest, give reasonable and timely access to all of its records. The\nrepresentative or examiner designated by the commissioner may, at any\ntime, examine the records and affairs and inspect the community's\nfacilities, whether in connection with a formal examination or not.\n 2. Any duly authorized officer, employee, or agent of the department\nmay, upon presentation of proper identification, have access to and\ninspect, any records maintained by the community relevant to the\ndepartment's regulatory authority, with or without advance notice, to\nsecure compliance with, or to prevent a violation of, any provision of\nthis article.\n 3. Reports of the results of such examinations and inspections shall\nbe kept on file by the commissioner and shall be open to public\ninspection at the community, provided any records, reports or documents\nwhich by state or federal law or regulation are deemed confidential\nshall not be distributed or made available unless and until such\nconfidential status has expired.\n