S T A T E   O F   N E W   Y O R K
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                                  2696

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 17, 2013
                               ___________

Introduced  by  M.  of  A.  GOTTFRIED, DINOWITZ, JAFFEE -- 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:

  Section 1. Paragraph (c) of subdivision 4  of  section  460-d  of  the
social  services  law,  as  added by chapter 733 of the laws of 1994 and
subparagraph (i) as amended by section 50 of part B of chapter 58 of the
laws of 2004, is amended to read as follows:
  (c) Any order or determination to suspend  any  operating  certificate
will  specify  the  conditions  of  the suspension. These conditions may
include but need not be limited to the following:
  (i) if required for the protection of the health, safety or welfare of
the residents, the immediate transfer of some or all residents to  other
appropriate  facilities  or  to the custody of their legal guardians, if
any;
  (ii) the appointment of a temporary operator to operate  the  facility
during  the  term  of  the  suspension.  THE POWERS AND PROTECTIONS OF A
TEMPORARY OPERATOR UNDER THIS SUBDIVISION SHALL INCLUDE THE  POWERS  AND
PROTECTIONS  OF  A  RECEIVER AS SET FORTH IN SUBDIVISION FOUR OF SECTION
FOUR HUNDRED SIXTY-ONE-F OF THIS ARTICLE, TO  THE  EXTENT  NECESSARY  TO
CONTINUE  TO  OPERATE  THE  FACILITY  AND PROTECT THE HEALTH, SAFETY AND
WELFARE OF THE RESIDENTS DURING THE TERM OF  THE  SUSPENSION;  PROVIDED,
HOWEVER,  THAT  THE  TEMPORARY  OPERATOR SHALL NOT HAVE THE POWER TO (A)
SELL OR OTHERWISE DISPOSE OF ANY REAL OR PERSONAL  PROPERTY  OUTSIDE  OF
THE  ORDINARY  COURSE  OF  BUSINESS,  (B)  TAKE ANY OTHER ACTION WHICH A
RECEIVER WOULD NEED COURT APPROVAL TO TAKE, OR (C)  TRANSFER  OR  REMOVE
RESIDENTS  FROM THE FACILITY UNLESS IT IS REQUIRED FOR THE PROTECTION OF
THEIR, OR ANOTHER PATIENT'S, HEALTH, SAFETY OR WELFARE, OR THE  TRANSFER
IS REQUESTED BY THE PATIENT;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01581-01-3
              

A. 2696                             2

  (iii)  the  immediate transfer of all records concerning the operation
of the facility, including resident records, facility  business  records
and  any  other  records related to the operation of the facility to the
department immediately. The department shall control the records for the
term of the suspension;
  (iv)  the  operator  or operators of the facility shall be barred from
access to the facility during the term of the suspension; or
  (v) the requirement that the operator,  if  replaced  by  a  temporary
operator,  provide the temporary operator with any funds received by the
operator for the operation of the facility.
  S 2. Subdivision 1 of section 461-f of the  social  services  law,  as
amended  by  section  44 of part B of chapter 58 of the laws of 2004, is
amended to read as follows:
  1. As a means of protecting the health,  safety  and  welfare  of  the
residents  of  an  adult  care facility subject to inspection and super-
vision by the department, it may become necessary under certain  circum-
stances  to  authorize  the  continuing operation of such facility for a
temporary period by a court appointed receiver, at the discretion of the
commissioner, as provided in this section or with respect  to  an  adult
home,  enriched  housing  program  or  residence  for adults, a receiver
approved by the department  of  health  pursuant  to  written  agreement
between  the  department,  THE RECEIVER and the operator or operators of
such facility[, provided that such agreement shall not exceed  a  period
of  sixty  days  but  may be extended for an additional sixty day period
upon agreement by the parties].   SUCH RECEIVERSHIP SHALL  TERMINATE  AT
SUCH TIME AND IN SUCH MANNER AS IS AGREED UPON BY THE PARTIES.
  S  3.  Subdivision  2  of section 461-f of the social services law, as
added by section 45 of part B of chapter 58 of  the  laws  of  2004,  is
amended to read as follows:
  2.  The  operator  or  operators  of  any adult home, enriched housing
program or residence for adults may at any time request  the  department
of  health  to  appoint  a  receiver  to take over the operation of such
facility. Upon receiving such a request, the department of  health  may,
if it deems such action desirable, enter into an agreement with any such
operator or operators AND THE RECEIVER for the appointment of a receiver
to  take  charge  of  the facility under whatever conditions as shall be
found acceptable by the parties[, provided that such agreement shall not
exceed a period of sixty days but may  be  extended  for  an  additional
sixty day period upon agreement by the parties]. SUCH RECEIVERSHIP SHALL
TERMINATE  AT  SUCH  TIME  AND  IN  SUCH MANNER AS IS AGREED UPON BY THE
PARTIES.
  S 4. This act shall take effect immediately.