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This entry was published on 2020-04-24
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SECTION 2803-W
Independent quality monitors for residential health care facilities
Public Health (PBH) CHAPTER 45, ARTICLE 28
* § 2803-w. Independent quality monitors for residential health care
facilities. The department may require a residential health care
facility to contract with an independent quality monitor selected, and
on reasonable terms determined, by the department, pursuant to a
selection process conducted notwithstanding sections one hundred twelve
or one hundred sixty-three of the state finance law, for purposes of
monitoring the operator's compliance with a written and mandatory
corrective plan and reporting to the department on the implementation of
such corrective action, when the department has determined in its
discretion that operational deficiencies exist at such facility that
show:

1. a condition or conditions in substantial violation of the standards
for health, safety, or resident care established in law or regulation
that constitute a danger to resident health or safety;

2. a pattern or practice of habitual violation of the standards of
health, safety, or resident care established in law or regulation; or

3. any other condition dangerous to resident life, health, or safety.
Such written mandatory corrective plans shall include caps on
administrative and general costs that are unrelated to providing direct
care (including providing at least minimum staffing levels as determined
by the department) or care coordination.

* NB There are 2 § 2803-w's