Legislation

§ 4669. Appointment of a caretaker. Upon a determination by the
commissioner that there exists operational deficiencies in a
fee-for-service continuing care retirement community that show:

1. 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 forty-six hundred sixty-eight of this
article, and, where the commissioner deems it to be in the public
interest, the commissioner shall petition a court of competent
jurisdiction to appoint a caretaker as defined in section twenty-eight
hundred one of this chapter. The petition, the proceedings, and the
procedures for appointment of a caretaker shall be governed by the
provisions of section forty-six hundred seventy of this article, and the
power, duties and rights of a caretaker appointed pursuant to such
section shall be the same as those authorized by subdivision four of
such section; or

2. a condition or conditions in substantial violation of the standards
for health, safety or patient care established under federal or state
law or regulations.