Legislation
SECTION 2806-B
Residential health care facilities; revocation of operating certificate
Public Health (PBH) CHAPTER 45, ARTICLE 28
§ 2806-b. Residential health care facilities; revocation of operating
certificate. Upon a determination by the commissioner that there exist
operational deficiencies in a residential health care facility which
show:
(a) a condition or conditions in substantial violation of the
standards for health, safety or patient care established under federal
or state law or regulations; or
(b) any other conditions dangerous to life, health or safety; or
(c) that there exists in the facility a pattern or practice of
habitual violation of the standards of health, safety or patient care
established under federal or state law or regulations, the commissioner
shall take the actions prescribed by section twenty-eight hundred six of
this article to revoke the operating certificate of the residential
health care facility which was the subject of such finding and, where he
deems it to be in the public interest, he may petition a court of
competent jurisdiction to appoint a caretaker as defined in section
twenty-eight hundred one of this article. The petition, the proceedings
and the procedures for the appointment of a caretaker shall be governed
by the provisions of subdivision two of section twenty-eight hundred ten
of this article, and the powers, duties and rights of a caretaker
appointed pursuant to this section shall be the same as those authorized
by such subdivision.
certificate. Upon a determination by the commissioner that there exist
operational deficiencies in a residential health care facility which
show:
(a) a condition or conditions in substantial violation of the
standards for health, safety or patient care established under federal
or state law or regulations; or
(b) any other conditions dangerous to life, health or safety; or
(c) that there exists in the facility a pattern or practice of
habitual violation of the standards of health, safety or patient care
established under federal or state law or regulations, the commissioner
shall take the actions prescribed by section twenty-eight hundred six of
this article to revoke the operating certificate of the residential
health care facility which was the subject of such finding and, where he
deems it to be in the public interest, he may petition a court of
competent jurisdiction to appoint a caretaker as defined in section
twenty-eight hundred one of this article. The petition, the proceedings
and the procedures for the appointment of a caretaker shall be governed
by the provisions of subdivision two of section twenty-eight hundred ten
of this article, and the powers, duties and rights of a caretaker
appointed pursuant to this section shall be the same as those authorized
by such subdivision.