|SAME AS||SAME AS S04486|
|COSPNSR||Gottfried, Perry, Abinanti, Seawright, Colton, Taylor|
|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.|
|02/14/2019||referred to health|
|04/02/2019||reported referred to codes|
|04/25/2019||advanced to third reading cal.197|
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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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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. LBD00893-01-9A. 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.