Section 3204 - Certificate of authority(a) No providers shall engage in the business of providing continuing care in this Commonwealth without a certificate of authority therefor obtained from the commissioner as provided in this act.(b) The application for a certificate of authority shall be filed with the department by the provider on forms prescribed by the department and shall include all information required by the department pursuant to regulations adopted by it under this act including, but not limited to, the disclosure statement meeting the requirements of this act.(c) Upon receipt of the application for a certificate of authority in proper form, the department shall, within ten business days, issue a notice of filing to the provider-applicant. Within 60 days of the notice of filing, the department shall enter an order issuing the certificate of authority or rejecting the application.(d) If the commissioner determines that any of the requirements of this act have not been met, the commissioner shall notify the applicant that the application must be corrected within 30 days in such particulars as designated by the commissioner. If the requirements are not met within the time allowed, the commissioner may enter an order rejecting the application which shall include the findings of fact upon which the order is based and which shall not become effective until 20 days after the end of the foregoing 30-day period. During the 20-day period, the applicant may petition for reconsideration and shall be entitled to a hearing.(e) With respect to a provider who has offered continuing-care agreements to existing or prospective residents in a facility established prior to the effective date of this act, which facility has one or more residents living there pursuant to such agreements entered into prior to the effective date of this act, and if such a provider is unable to comply with section 9 within the time provided, the commissioner may, after the filing of a petition by the provider, issue a temporary certificate of authority to the provider which may then enter into continuing-care agreements in compliance with all other applicable provisions of this act until the permanent certificate of authority has been issued. This temporary certificate may only be issued to those existing providers who will be able to comply with the provisions of section 9 within a period of time agreed to by the commissioner. This period of time shall not exceed two years.(f) If a provider is not in compliance on, or before, the expiration date of the temporary certificate, they may petition the commissioner for an extension. Providers who may be able to comply with section 9, as determined by the commissioner, may be granted an extension of up to three years.(g) If an existing provider is granted a permanent certificate of authority, any resident who entered into an agreement before the certificate of authority was granted shall be provided with all amendments to the application for registration and the initial disclosure statement.(h) If an existing provider is denied a permanent certificate of authority, any resident who entered into a continuing-care agreement before the certificate of authority shall be entitled to all the appropriate remedies as provided in this act.(i) If a facility is accredited by a process approved by the commissioner as substantially equivalent to the requirements of this section, then the facility shall be deemed to have met the requirements of this section and the commissioner shall issue a certificate of authority to the facility.1984, June 18, P.L. 391, No. 82, § 4, effective in 6 months.