S T A T E O F N E W Y O R K
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1422
2017-2018 Regular Sessions
I N A S S E M B L Y
January 12, 2017
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Introduced by M. of A. WEINSTEIN, GOTTFRIED, O'DONNELL, PERRY, ABINANTI,
SEAWRIGHT, COLTON, OTIS -- Multi-Sponsored by -- M. of A. NOLAN --
read once and referred to the Committee on Health
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
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02824-01-7
A. 1422 2
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.
§ 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.
§ 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.