S T A T E O F N E W Y O R K
________________________________________________________________________
2696
2013-2014 Regular Sessions
I N A S S E M B L Y
January 17, 2013
___________
Introduced by M. of A. GOTTFRIED, DINOWITZ, JAFFEE -- read once and
referred to the Committee on Health
AN ACT to amend the social services law, in relation to the appointment
of a temporary operator or voluntary receiver of adult care facilities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (c) of subdivision 4 of section 460-d of the
social services law, as added by chapter 733 of the laws of 1994 and
subparagraph (i) as amended by section 50 of part B of chapter 58 of the
laws of 2004, is amended to read as follows:
(c) Any order or determination to suspend any operating certificate
will specify the conditions of the suspension. These conditions may
include but need not be limited to the following:
(i) if required for the protection of the health, safety or welfare of
the residents, the immediate transfer of some or all residents to other
appropriate facilities or to the custody of their legal guardians, if
any;
(ii) the appointment of a temporary operator to operate the facility
during the term of the suspension. THE POWERS AND PROTECTIONS OF A
TEMPORARY OPERATOR UNDER THIS SUBDIVISION SHALL INCLUDE THE POWERS AND
PROTECTIONS OF A RECEIVER AS SET FORTH IN SUBDIVISION FOUR OF SECTION
FOUR HUNDRED SIXTY-ONE-F OF THIS ARTICLE, TO THE EXTENT NECESSARY TO
CONTINUE TO OPERATE THE FACILITY AND PROTECT THE HEALTH, SAFETY AND
WELFARE OF THE RESIDENTS DURING THE TERM OF THE SUSPENSION; PROVIDED,
HOWEVER, THAT THE TEMPORARY OPERATOR SHALL NOT HAVE THE POWER TO (A)
SELL OR OTHERWISE DISPOSE OF ANY REAL OR PERSONAL PROPERTY OUTSIDE OF
THE ORDINARY COURSE OF BUSINESS, (B) TAKE ANY OTHER ACTION WHICH A
RECEIVER WOULD NEED COURT APPROVAL TO TAKE, OR (C) TRANSFER OR REMOVE
RESIDENTS FROM THE FACILITY UNLESS IT IS REQUIRED FOR THE PROTECTION OF
THEIR, OR ANOTHER PATIENT'S, HEALTH, SAFETY OR WELFARE, OR THE TRANSFER
IS REQUESTED BY THE PATIENT;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01581-01-3
A. 2696 2
(iii) the immediate transfer of all records concerning the operation
of the facility, including resident records, facility business records
and any other records related to the operation of the facility to the
department immediately. The department shall control the records for the
term of the suspension;
(iv) the operator or operators of the facility shall be barred from
access to the facility during the term of the suspension; or
(v) the requirement that the operator, if replaced by a temporary
operator, provide the temporary operator with any funds received by the
operator for the operation of the facility.
S 2. Subdivision 1 of section 461-f of the social services law, as
amended by section 44 of part B of chapter 58 of the laws of 2004, is
amended to read as follows:
1. As a means of protecting the health, safety and welfare of the
residents of an adult care facility subject to inspection and super-
vision by the department, it may become necessary under certain circum-
stances to authorize the continuing operation of such facility for a
temporary period by a court appointed receiver, at the discretion of the
commissioner, as provided in this section or with respect to an adult
home, enriched housing program or residence for adults, a receiver
approved by the department of health pursuant to written agreement
between the department, THE RECEIVER and the operator or operators of
such facility[, provided that such agreement shall not exceed a period
of sixty days but may be extended for an additional sixty day period
upon agreement by the parties]. SUCH RECEIVERSHIP SHALL TERMINATE AT
SUCH TIME AND IN SUCH MANNER AS IS AGREED UPON BY THE PARTIES.
S 3. Subdivision 2 of section 461-f of the social services law, as
added by section 45 of part B of chapter 58 of the laws of 2004, is
amended to read as follows:
2. The operator or operators of any adult home, enriched housing
program or residence for adults may at any time request the department
of health to appoint a receiver to take over the operation of such
facility. Upon receiving such a request, the department of health may,
if it deems such action desirable, enter into an agreement with any such
operator or operators AND THE RECEIVER for the appointment of a receiver
to take charge of the facility under whatever conditions as shall be
found acceptable by the parties[, provided that such agreement shall not
exceed a period of sixty days but may be extended for an additional
sixty day period upon agreement by the parties]. SUCH RECEIVERSHIP SHALL
TERMINATE AT SUCH TIME AND IN SUCH MANNER AS IS AGREED UPON BY THE
PARTIES.
S 4. This act shall take effect immediately.