Bill Text: NY A00663 | 2011-2012 | General Assembly | Introduced
Bill Title: Relates to the appointment of a temporary operator or voluntary receiver of adult care facilities.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Engrossed - Dead) 2012-01-19 - REFERRED TO SOCIAL SERVICES [A00663 Detail]
Download: New_York-2011-A00663-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 663 2011-2012 Regular Sessions I N A S S E M B L Y (PREFILED) January 5, 2011 ___________ Introduced by M. of A. GOTTFRIED, DINOWITZ -- 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: 1 Section 1. Paragraph (c) of subdivision 4 of section 460-d of the 2 social services law, as added by chapter 733 of the laws of 1994 and 3 subparagraph (i) as amended by section 50 of part B of chapter 58 of the 4 laws of 2004, is amended to read as follows: 5 (c) Any order or determination to suspend any operating certificate 6 will specify the conditions of the suspension. These conditions may 7 include but need not be limited to the following: 8 (i) if required for the protection of the health, safety or welfare of 9 the residents, the immediate transfer of some or all residents to other 10 appropriate facilities or to the custody of their legal guardians, if 11 any; 12 (ii) the appointment of a temporary operator to operate the facility 13 during the term of the suspension. THE POWERS AND PROTECTIONS OF A 14 TEMPORARY OPERATOR UNDER THIS SUBDIVISION SHALL INCLUDE THE POWERS AND 15 PROTECTIONS OF A RECEIVER AS SET FORTH IN SUBDIVISION FOUR OF SECTION 16 FOUR HUNDRED SIXTY-ONE-F OF THIS ARTICLE, TO THE EXTENT NECESSARY TO 17 CONTINUE TO OPERATE THE FACILITY AND PROTECT THE HEALTH, SAFETY AND 18 WELFARE OF THE RESIDENTS DURING THE TERM OF THE SUSPENSION; PROVIDED, 19 HOWEVER, THAT THE TEMPORARY OPERATOR SHALL NOT HAVE THE POWER TO (A) 20 SELL OR OTHERWISE DISPOSE OF ANY REAL OR PERSONAL PROPERTY OUTSIDE OF 21 THE ORDINARY COURSE OF BUSINESS, (B) TAKE ANY OTHER ACTION WHICH A 22 RECEIVER WOULD NEED COURT APPROVAL TO TAKE, OR (C) TRANSFER OR REMOVE 23 RESIDENTS FROM THE FACILITY UNLESS IT IS REQUIRED FOR THE PROTECTION OF EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02610-01-1 A. 663 2 1 THEIR, OR ANOTHER PATIENT'S, HEALTH, SAFETY OR WELFARE, OR THE TRANSFER 2 IS REQUESTED BY THE PATIENT; 3 (iii) the immediate transfer of all records concerning the operation 4 of the facility, including resident records, facility business records 5 and any other records related to the operation of the facility to the 6 department immediately. The department shall control the records for the 7 term of the suspension; 8 (iv) the operator or operators of the facility shall be barred from 9 access to the facility during the term of the suspension; or 10 (v) the requirement that the operator, if replaced by a temporary 11 operator, provide the temporary operator with any funds received by the 12 operator for the operation of the facility. 13 S 2. Subdivision 1 of section 461-f of the social services law, as 14 amended by section 44 of part B of chapter 58 of the laws of 2004, is 15 amended to read as follows: 16 1. As a means of protecting the health, safety and welfare of the 17 residents of an adult care facility subject to inspection and super- 18 vision by the department, it may become necessary under certain circum- 19 stances to authorize the continuing operation of such facility for a 20 temporary period by a court appointed receiver, at the discretion of the 21 commissioner, as provided in this section or with respect to an adult 22 home, enriched housing program or residence for adults, a receiver 23 approved by the department of health pursuant to written agreement 24 between the department, THE RECEIVER and the operator or operators of 25 such facility[, provided that such agreement shall not exceed a period 26 of sixty days but may be extended for an additional sixty day period 27 upon agreement by the parties]. SUCH RECEIVERSHIP SHALL TERMINATE AT 28 SUCH TIME AND IN SUCH MANNER AS IS AGREED UPON BY THE PARTIES. 29 S 3. Subdivision 2 of section 461-f of the social services law, as 30 added by section 45 of part B of chapter 58 of the laws of 2004, is 31 amended to read as follows: 32 2. The operator or operators of any adult home, enriched housing 33 program or residence for adults may at any time request the department 34 of health to appoint a receiver to take over the operation of such 35 facility. Upon receiving such a request, the department of health may, 36 if it deems such action desirable, enter into an agreement with any such 37 operator or operators AND THE RECEIVER for the appointment of a receiver 38 to take charge of the facility under whatever conditions as shall be 39 found acceptable by the parties[, provided that such agreement shall not 40 exceed a period of sixty days but may be extended for an additional 41 sixty day period upon agreement by the parties]. SUCH RECEIVERSHIP SHALL 42 TERMINATE AT SUCH TIME AND IN SUCH MANNER AS IS AGREED UPON BY THE 43 PARTIES. 44 S 4. This act shall take effect immediately.