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S04486 Summary:

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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S04486 Actions:

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S04486 Text:

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                    IN SENATE
                                     March 13, 2019
        Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
          printed to be committed 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-

          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
    23  precedence,  shall  have priority.   If the court shall find that condi-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 4486                             2
     1  tions endangering the health, safety or welfare of a resident  or  resi-
     2  dents  exist, the court may make an order granting such equitable relief
     3  as it deems necessary, including, but  not  limited  to,  directing  the
     4  commissioner  of  health  to appoint a temporary operator to assume sole
     5  control and sole responsibility for the operations of the facility.
     6    (c) The court may award the resident or  residents  in  an  action  or
     7  proceeding  for  the  appointment  of a temporary operator necessary and
     8  reasonable expenses incurred by or on behalf of the  resident  or  resi-
     9  dents, including costs and attorneys' fees.
    10    §  2.   Paragraph (a) of subdivision 2 of section 2806-a of the public
    11  health law, as amended by section 8 of part K of chapter 57 of the  laws
    12  of 2015, is amended to read as follows:
    13    (a)  In  the event that: (i) (A) a facility seeks extraordinary finan-
    14  cial assistance and the commissioner finds that the facility is  experi-
    15  encing  serious  financial  instability that is jeopardizing existing or
    16  continued access to essential services within the community,  or  [(ii)]
    17  (B) the commissioner finds that there are conditions within the facility
    18  that  seriously  endanger  the  life,  health  or safety of residents or
    19  patients, the commissioner may appoint a temporary  operator  to  assume
    20  sole  control and sole responsibility for the operations of that facili-
    21  ty, or [(iii)] (C) the commissioner finds that there has been an improp-
    22  er delegation of management authority  by  the  governing  authority  or
    23  operator  of a general hospital, the commissioner shall appoint a tempo-
    24  rary operator to assume sole control and  sole  responsibility  for  the
    25  operations  of  that  facility;  or  (ii) the appointment of a temporary
    26  operator is ordered by the court pursuant to subdivision ten of  section
    27  four  hundred  sixty-one-c  of the social services law, the commissioner
    28  shall appoint a temporary operator  to  assume  sole  control  and  sole
    29  responsibility  for the operations of that facility.  The appointment of
    30  the temporary operator shall be effectuated pursuant to this section and
    31  shall be in addition to any other remedies provided by law.
    32    § 3. This act shall take effect on the sixtieth  day  after  it  shall
    33  have become a law, provided that the amendments to section 2806-a of the
    34  public  health law, made by section two of this act shall not affect the
    35  expiration and repeal of such section and shall  expire  and  be  deemed
    36  repealed therewith.
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