NY State Senate Bill 2021-S5008

Senate Bill S5008

2021-2022 Legislative Session

Establishes a cause of action by residents of adult care facilities to petition for appointment of a temporary operator

download bill text pdf

Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to health
Feb 22, 2021	referred to health

2021-S5008 (ACTIVE) - Details

See Assembly Version of this Bill:: A7532
Current Committee:: Senate Health
Law Section:: Social Services Law
Laws Affected:: Amd §461-c, Soc Serv L; amd §2806-a, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A6079
2011-2012: A2231
2013-2014: A2368
2015-2016: A154
2017-2018: A1422
2019-2020: S4486, A5616
2023-2024: A7785

2021-S5008 (ACTIVE) - Summary

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.

2021-S5008 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5008

SPONSOR: REICHLIN-MELNICK
 
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:

This legislation would allow residents of an adult home, residence for
adults, enriched housing program, or assisted living facility access to
a Court when their health, safety, and welfare are at risk.

 
SUMMARY OF PROVISIONS:

Section 1. The social services law is amended by adding subdivision 10,
providing residents of adult care facilities judicial relief as a means
of protecting their health, safety, and welfare. This includes the
appointment of a temporary operator of the adult care facility.  This

section further provides that the Commissioner of Health to be served
and given the opportunity to join as a party to judicial actions or
proceedings. This section also requires that a judicial action pursued
under this shall take precedence over all other court business. If
plaintiff's claims are substantiated, the court may order the Commis-
sioner to appoint a temporary operator to assume sole control and
responsibility of the facility.

Section 2 amends paragraph a of subdivision 2 of § 2806-a of the public
health law, specifying the conditions under which the appointment of a
temporary operator of an adult care facility are authorized. A temporary
operator may be appointed by the commissioner if:

i. a facility:

a) seeks extraordinary financial assistance and is found to be experi-
encing serious financial instability that is jeopardizing essential
services; or

b) is found to have conditions that endanger the life, health, or safety
of residents or patients; or

c) is managed pursuant to an improper delegation of management authority
ii. a judge so orders.

Section 3. Establishes the effective date.

 
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 alterna-
tive remedy in grievous cases.

 
LEGISLATIVE HISTORY:

2019-20: S.4486 - Referred to Health

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
60 days after this act shall have become law.

2021-S5008 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5008
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 22, 2021
                                ___________
 
 Introduced  by  Sen. REICHLIN-MELNICK -- 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-
   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
 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.

                                                            LBD00017-01-1

 S. 5008                             2
 
 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.

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