S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5616
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:
 
   Section 1. Section 461-c of the social  services  law  is  amended  by
 adding a new subdivision 10 to read as follows:
   10.  (A)  AS A MEANS OF PROTECTING THE HEALTH, SAFETY AND WELFARE OF A
 RESIDENT OR RESIDENTS OF AN ADULT CARE FACILITY, SUCH RESIDENT OR  RESI-
 DENTS  MAY  SEEK  JUDICIAL  RELIEF. IN ADDITION TO OTHER FORMS OF RELIEF
 AVAILABLE UNDER THIS ARTICLE, A RESIDENT OR RESIDENTS MAY SEEK EQUITABLE
 RELIEF FROM A COURT, INCLUDING, BUT NOT LIMITED TO, THE APPOINTMENT OF A
 TEMPORARY OPERATOR PURSUANT TO SECTION TWENTY-EIGHT HUNDRED SIX-A OF THE
 PUBLIC HEALTH LAW. AN ACTION OR PROCEEDING UNDER THIS SUBDIVISION  SHALL
 BE COMMENCED IN THE SUPREME COURT OF THE COUNTY IN WHICH THE FACILITY IS
 LOCATED.
   (B) UPON THE COMMENCEMENT OF AN ACTION OR PROCEEDING PURSUANT TO PARA-
 GRAPH  (A)  OF  THIS  SUBDIVISION,  THE  COMMISSIONER OF HEALTH SHALL BE
 SERVED AND GIVEN THE OPPORTUNITY TO JOIN AS A PARTY  TO  THE  ACTION  OR
 PROCEEDING.   IN ADDITION TO OTHER METHODS OF SERVICE AUTHORIZED BY LAW,
 SERVICE UPON SUCH COMMISSIONER MAY BE EFFECTUATED AT SUCH COMMISSIONER'S
 OFFICE IN THE CITY OF NEW YORK OR IN THE CITY OF ALBANY.  FAILURE OF THE
 COMMISSIONER OF HEALTH TO JOIN THE ACTION OR PROCEEDING SHALL NOT BE  AN
 IMPEDIMENT  TO THE ACTION OR PROCEEDING. ON THE RETURN OF SUCH ACTION OR
 PROCEEDING SEEKING THE APPOINTMENT OF A  TEMPORARY  OPERATOR,  IT  SHALL
 HAVE  PRECEDENCE OVER EVERY OTHER BUSINESS OF THE COURT UNLESS THE COURT
 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
 
 PRECEDENCE,  SHALL  HAVE PRIORITY.   IF THE COURT SHALL FIND THAT CONDI-
 TIONS ENDANGERING THE HEALTH, SAFETY OR WELFARE OF A RESIDENT  OR  RESI-
 DENTS  EXIST, THE COURT MAY MAKE AN ORDER GRANTING SUCH EQUITABLE RELIEF
 AS  IT  DEEMS  NECESSARY,  INCLUDING,  BUT NOT LIMITED TO, DIRECTING THE
 COMMISSIONER OF HEALTH TO APPOINT A TEMPORARY OPERATOR  TO  ASSUME  SOLE
 CONTROL AND SOLE RESPONSIBILITY FOR THE OPERATIONS OF THE FACILITY.
   (C)  THE  COURT  MAY  AWARD  THE RESIDENT OR RESIDENTS IN AN ACTION OR
 PROCEEDING FOR THE APPOINTMENT OF A  TEMPORARY  OPERATOR  NECESSARY  AND
 REASONABLE  EXPENSES  INCURRED  BY OR ON BEHALF OF THE RESIDENT OR RESI-
 DENTS, INCLUDING COSTS AND ATTORNEYS' FEES.
   § 2.  Paragraph (a) of subdivision 2 of section 2806-a of  the  public
 health  law, as amended by section 8 of part K of chapter 57 of the laws
 of 2015, is amended to read as follows:
   (a) In the event that: (i) (A) a facility seeks  extraordinary  finan-
 cial  assistance and the commissioner finds that the facility is experi-
 encing serious financial instability that is  jeopardizing  existing  or
 continued  access  to essential services within the community, or [(ii)]
 (B) the commissioner finds that there are conditions within the facility
 that seriously endanger the life,  health  or  safety  of  residents  or
 patients,  the  commissioner  may appoint a temporary operator to assume
 sole control and sole responsibility for the operations of that  facili-
 ty, or [(iii)] (C) the commissioner finds that there has been an improp-
 er  delegation  of  management  authority  by the governing authority or
 operator of a general hospital, the commissioner shall appoint a  tempo-
 rary  operator  to  assume  sole control and sole responsibility for the
 operations of that facility; OR (II)  THE  APPOINTMENT  OF  A  TEMPORARY
 OPERATOR  IS ORDERED BY THE COURT PURSUANT TO SUBDIVISION TEN OF SECTION
 FOUR HUNDRED SIXTY-ONE-C OF THE SOCIAL SERVICES  LAW,  THE  COMMISSIONER
 SHALL  APPOINT  A  TEMPORARY  OPERATOR  TO  ASSUME SOLE CONTROL AND SOLE
 RESPONSIBILITY FOR THE OPERATIONS OF THAT FACILITY.  The appointment  of
 the temporary operator shall be effectuated pursuant to this section and
 shall be in addition to any other remedies provided by law.
   §  3.  This  act  shall take effect on the sixtieth day after it shall
 have become a law, provided that the amendments to section 2806-a of the
 public health law, made by section two of this act shall not affect  the
 expiration  and  repeal  of  such section and shall expire and be deemed
 repealed therewith.