Assembly Bill A154A

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 154--A
                                                        Cal. No. 166

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  M.  of A. WEINSTEIN, GOTTFRIED, O'DONNELL, PERRY, ORTIZ,
  STECK -- Multi-Sponsored by -- M. of A. NOLAN, WRIGHT -- read once and
  referred to the Committee on Health -- advanced to  a  third  reading,
  amended  and  ordered  reprinted,  retaining its place on the order of
  third reading

AN ACT to amend the social services law and the public  health  law,  in
  relation  to  granting  residents  of adult care facilities a cause of
  action to seek the appointment of temporary operators of such  facili-
  ties

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 461-c of the social  services  law  is  amended  by
adding a new subdivision 10 to read as follows:
  10.  (A)  AS A MEANS OF PROTECTING THE HEALTH, SAFETY AND WELFARE OF A
RESIDENT OR RESIDENTS OF AN ADULT CARE FACILITY, SUCH RESIDENT OR  RESI-
DENTS  MAY  SEEK  JUDICIAL  RELIEF. IN ADDITION TO OTHER FORMS OF RELIEF
AVAILABLE UNDER THIS ARTICLE, A RESIDENT OR RESIDENTS MAY SEEK EQUITABLE
RELIEF FROM A COURT, INCLUDING, BUT NOT LIMITED TO, THE APPOINTMENT OF A
TEMPORARY OPERATOR PURSUANT TO SECTION TWENTY-EIGHT HUNDRED SIX-A OF THE
PUBLIC HEALTH LAW. AN ACTION OR PROCEEDING UNDER THIS SUBDIVISION  SHALL
BE COMMENCED IN THE SUPREME COURT OF THE COUNTY IN WHICH THE FACILITY IS
LOCATED.
  (B) UPON THE COMMENCEMENT OF AN ACTION OR PROCEEDING PURSUANT TO PARA-
GRAPH  (A)  OF  THIS  SUBDIVISION,  THE  COMMISSIONER OF HEALTH SHALL BE
SERVED AND GIVEN THE OPPORTUNITY TO JOIN AS A PARTY  TO  THE  ACTION  OR
PROCEEDING.   IN ADDITION TO OTHER METHODS OF SERVICE AUTHORIZED BY LAW,
SERVICE UPON SUCH COMMISSIONER MAY BE EFFECTUATED AT SUCH COMMISSIONER'S
OFFICE IN THE CITY OF NEW YORK OR IN THE CITY OF ALBANY.  FAILURE OF THE
COMMISSIONER OF HEALTH TO JOIN THE ACTION OR PROCEEDING SHALL NOT BE  AN
IMPEDIMENT  TO THE ACTION OR PROCEEDING. ON THE RETURN OF SUCH ACTION OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD00085-02-5

A. 154--A                           2

PROCEEDING SEEKING THE APPOINTMENT OF A  TEMPORARY  OPERATOR,  IT  SHALL
HAVE  PRECEDENCE OVER EVERY OTHER BUSINESS OF THE COURT UNLESS THE COURT
SHALL FIND THAT SOME OTHER PENDING PROCEEDING, HAVING SIMILAR  STATUTORY
PRECEDENCE,  SHALL  HAVE PRIORITY.   IF THE COURT SHALL FIND THAT CONDI-
TIONS ENDANGERING THE HEALTH, SAFETY OR WELFARE OF A RESIDENT  OR  RESI-
DENTS  EXIST, THE COURT MAY MAKE AN ORDER GRANTING SUCH EQUITABLE RELIEF
AS IT DEEMS NECESSARY, INCLUDING, BUT  NOT  LIMITED  TO,  DIRECTING  THE
COMMISSIONER  OF  HEALTH  TO APPOINT A TEMPORARY OPERATOR TO ASSUME SOLE
CONTROL AND SOLE RESPONSIBILITY FOR THE OPERATIONS OF THE FACILITY.
  (C) THE COURT MAY AWARD THE RESIDENT OR  RESIDENTS  IN  AN  ACTION  OR
PROCEEDING  FOR  THE  APPOINTMENT  OF A TEMPORARY OPERATOR NECESSARY AND
REASONABLE EXPENSES INCURRED BY OR ON BEHALF OF THE  RESIDENT  OR  RESI-
DENTS, INCLUDING COSTS AND ATTORNEYS' FEES.
  S  2.   Paragraph (a) of subdivision 2 of section 2806-a of the public
health law, as amended by section 8 of part K of chapter 57 of the  laws
of 2015, is amended to read as follows:
  (a)  In  the event that: (i) (A) a facility seeks extraordinary finan-
cial assistance and the commissioner finds that the facility is  experi-
encing  serious  financial  instability that is jeopardizing existing or
continued access to essential services within the community,  or  [(ii)]
(B) the commissioner finds that there are conditions within the facility
that  seriously  endanger  the  life,  health  or safety of residents or
patients, the commissioner may appoint a temporary  operator  to  assume
sole  control and sole responsibility for the operations of that facili-
ty, or [(iii)] (C) the commissioner finds that there has been an improp-
er delegation of management authority  by  the  governing  authority  or
operator  of a general hospital, the commissioner shall appoint a tempo-
rary operator to assume sole control and  sole  responsibility  for  the
operations  of  that  facility;  OR  (II) THE APPOINTMENT OF A TEMPORARY
OPERATOR IS ORDERED BY THE COURT PURSUANT TO SUBDIVISION TEN OF  SECTION
FOUR  HUNDRED  SIXTY-ONE-C  OF THE SOCIAL SERVICES LAW, THE COMMISSIONER
SHALL APPOINT A TEMPORARY OPERATOR  TO  ASSUME  SOLE  CONTROL  AND  SOLE
RESPONSIBILITY  FOR THE OPERATIONS OF THAT FACILITY.  The appointment of
the temporary operator shall be effectuated pursuant to this section and
shall be in addition to any other remedies provided by law.
  S 3. This act shall take effect on the sixtieth  day  after  it  shall
have become a law, provided that the amendments to section 2806-a of the
public  health law, made by section two of this act shall not affect the
expiration and repeal of such section and shall  expire  and  be  deemed
repealed therewith.