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A05616 Summary:

BILL NOA05616
 
SAME ASSAME AS S04486
 
SPONSORWeinstein (MS)
 
COSPNSRGottfried, Perry, Abinanti, Seawright, Colton, Taylor
 
MLTSPNSRGlick, Nolan
 
Amd 461-c, Soc Serv L; amd 2806-a, Pub Health L
 
Establishes a cause of action by residents of adult facilities to petition for the appointment of a temporary operator of any such facility in violation of the provisions of law, rules and regulations applicable thereto.
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A05616 Actions:

BILL NOA05616
 
02/14/2019referred to health
04/02/2019reported referred to codes
04/09/2019reported
04/25/2019advanced to third reading cal.197
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A05616 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5616
 
SPONSOR: Weinstein (MS)
  TITLE OF BILL: 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 facilities   PURPOSE OF BILL: This legislation would allow residents of adult care facilities access to a Court when their health, safety, and welfare are at risk.   SUMMARY OF PROVISIONS: The bill adds subdivision 10 to Section 461-c of the social services law authorizing a resident of an adult care facility to commence an action in the supreme court of the county in which the facility is located for the appointment of a temporary operator. The bill also amends subdivision 2 of section 2806-a of the public health law makes conforming changes authorizing the court to direct the commissioner to appoint a temporary operator for an adult care facility.   JUSTIFICATION: Residents of adult care facilities are severely limited in their ability to protect themselves and their rights because they are dependent on the operators of these facilities for all needs. In cases where the opera- tors are endangering the health, safety, and welfare of residents, the residents need to be able to seek protection from a court. This bill would allow residents to seek the appointment of a temporary operator and would allow the commissioner to join as a party to such an action. This would supplement, but in no way limit or replace, the current discretionary power the commissioner has to independently appoint a temporary operator under section 2806-a of the public health law or the commissioner's power under Section 461-f to seek the appointment of a receiver. Because the department's resources are limited, the commis- sioner may not be able to exercise these powers in all cases in which the health, safety, and welfare of residents are endangered. Giving residents the right to bring an action on their own provides an alternative remedy in grievous cases.   LEGISLATIVE HISTORY: 2017-18: A.1422 - A. Cal 2015-16: A.154-A - A. Cal. 2014: A.2368-A - A. Cal. 2013: A.2368 - A. Health Similar To: 2011-12: A.2231 (P. Rivera) - Passed Assembly 2010: A.6079 (P. Rivera)/S.3468-A - A.Health/S.Health 2009: A.6079 (P. Rivera)/S.3468-A - A.Health/S.Social Services 2007-08: A.3863 (P. Rivera)/S.5576 - Passed Assembly/S.Social Services 2005-06: A.2971-B (P. Rivera)/S.4878-A - Passed Assembly/S.Social Services 2004: A.8621 (P. Rivera)/S.5625 - Passed Assembly/S.Social Services 2003: A.8621 (P. Rivera)/S.5625 - Passed Assembly/S.Rules   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.   EFFECTIVE DATE: Immediately.
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A05616 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5616
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 14, 2019
                                       ___________
 
        Introduced by M. of A. WEINSTEIN, GOTTFRIED, PERRY, ABINANTI, SEAWRIGHT,
          COLTON,  TAYLOR -- Multi-Sponsored by -- M. of A. GLICK, 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:
 
     1    Section 1. Section 461-c of the social  services  law  is  amended  by
     2  adding a new subdivision 10 to read as follows:
     3    10.  (a)  As a means of protecting the health, safety and welfare of a
     4  resident or residents of an adult care facility, such resident or  resi-
     5  dents  may  seek  judicial  relief. In addition to other forms of relief
     6  available under this article, a resident or residents may seek equitable
     7  relief from a court, including, but not limited to, the appointment of a
     8  temporary operator pursuant to section twenty-eight hundred six-a of the
     9  public health law. An action or proceeding under this subdivision  shall
    10  be commenced in the supreme court of the county in which the facility is
    11  located.
    12    (b) Upon the commencement of an action or proceeding pursuant to para-
    13  graph  (a)  of  this  subdivision,  the  commissioner of health shall be
    14  served and given the opportunity to join as a party  to  the  action  or
    15  proceeding.   In addition to other methods of service authorized by law,
    16  service upon such commissioner may be effectuated at such commissioner's
    17  office in the city of New York or in the city of Albany.  Failure of the
    18  commissioner of health to join the action or proceeding shall not be  an
    19  impediment  to the action or proceeding. On the return of such action or
    20  proceeding seeking the appointment of a  temporary  operator,  it  shall
    21  have  precedence over every other business of the court unless the court
    22  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.
                                                                   LBD00893-01-9

        A. 5616                             2
 
     1  precedence,  shall  have priority.   If the court shall find that condi-
     2  tions endangering the health, safety or welfare of a resident  or  resi-
     3  dents  exist, the court may make an order granting such equitable relief
     4  as  it  deems  necessary,  including,  but not limited to, directing the
     5  commissioner of health to appoint a temporary operator  to  assume  sole
     6  control and sole responsibility for the operations of the facility.
     7    (c)  The  court  may  award  the resident or residents in an action or
     8  proceeding for the appointment of a  temporary  operator  necessary  and
     9  reasonable  expenses  incurred  by or on behalf of the resident or resi-
    10  dents, including costs and attorneys' fees.
    11    § 2.  Paragraph (a) of subdivision 2 of section 2806-a of  the  public
    12  health  law, as amended by section 8 of part K of chapter 57 of the laws
    13  of 2015, is amended to read as follows:
    14    (a) In the event that: (i) (A) a facility seeks  extraordinary  finan-
    15  cial  assistance and the commissioner finds that the facility is experi-
    16  encing serious financial instability that is  jeopardizing  existing  or
    17  continued  access  to essential services within the community, or [(ii)]
    18  (B) the commissioner finds that there are conditions within the facility
    19  that seriously endanger the life,  health  or  safety  of  residents  or
    20  patients,  the  commissioner  may appoint a temporary operator to assume
    21  sole control and sole responsibility for the operations of that  facili-
    22  ty, or [(iii)] (C) the commissioner finds that there has been an improp-
    23  er  delegation  of  management  authority  by the governing authority or
    24  operator of a general hospital, the commissioner shall appoint a  tempo-
    25  rary  operator  to  assume  sole control and sole responsibility for the
    26  operations of that facility; or (ii)  the  appointment  of  a  temporary
    27  operator  is ordered by the court pursuant to subdivision ten of section
    28  four hundred sixty-one-c of the social services  law,  the  commissioner
    29  shall  appoint  a  temporary  operator  to  assume sole control and sole
    30  responsibility for the operations of that facility.  The appointment  of
    31  the temporary operator shall be effectuated pursuant to this section and
    32  shall be in addition to any other remedies provided by law.
    33    §  3.  This  act  shall take effect on the sixtieth day after it shall
    34  have become a law, provided that the amendments to section 2806-a of the
    35  public health law, made by section two of this act shall not affect  the
    36  expiration  and  repeal  of  such section and shall expire and be deemed
    37  repealed therewith.
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