§ 2808-a. Liability of certain persons. 1. Every person who is a
controlling person of any residential health care facility liable under
any provision of this article to any person or class of persons for
damages or to the state for any civil fine, penalty, assessment or
damages, shall also be liable, jointly and severally, with and to the
same extent as such residential health care facility, to such person or
class of persons for damages or to the state for any such civil fine,
penalty, assessment or damages.

2. For purposes of this section, a "controlling person" of a
residential health care facility shall be deemed to mean any person who
by reason of a direct or indirect ownership interest (whether of record
or beneficial) has the ability, acting either alone or in concert with
others with ownership interests, to direct or cause the direction of the
management or policies of said facility. Neither the commissioner nor
any employee of the department nor any member of a local legislative
body of a county or municipality, nor any county or municipal official
except when acting as the administrator of a residential health care
facility, shall, by reason of his or her official position, be deemed to
be a controlling person of any residential health care facility nor
shall any person who serves as an officer, administrator or other
employee or as a member of a board of directors or trustees of any
facility be deemed to be a controlling person of said facility as a
result of such position or his or her official actions in such position.