Bill Text: NY A02368 | 2013-2014 | General Assembly | Amended

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Introduced - Dead) 2014-06-09 - ordered to third reading rules cal.56 [A02368 Detail]

Download: New_York-2013-A02368-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        2368--A
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 14, 2013
                                      ___________
       Introduced  by  M.  of A. WEINSTEIN, ORTIZ, PERRY, O'DONNELL, GOTTFRIED,
         KAVANAGH -- Multi-Sponsored by -- M. of  A.  JACOBS,  NOLAN,  ROBERTS,
         WRIGHT  -- read once and referred to the Committee on Health -- recom-
         mitted to the Committee on Health in accordance with Assembly Rule  3,
         sec.  2  --  committee  discharged, bill amended, ordered reprinted as
         amended and recommitted to said committee
       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:
    1    Section 1. Section 461-c of the social  services  law  is  amended  by
    2  adding a new subdivision 10 to read as follows:
    3    10.  (A)  AS A MEANS OF PROTECTING THE HEALTH, SAFETY AND WELFARE OF A
    4  RESIDENT OR RESIDENTS OF AN ADULT CARE FACILITY, SUCH RESIDENT OR  RESI-
    5  DENTS  MAY  SEEK  JUDICIAL  RELIEF. IN ADDITION TO OTHER FORMS OF RELIEF
    6  AVAILABLE UNDER THIS ARTICLE, A RESIDENT OR RESIDENTS MAY SEEK EQUITABLE
    7  RELIEF FROM A COURT, INCLUDING, BUT NOT LIMITED TO, THE APPOINTMENT OF A
    8  TEMPORARY OPERATOR PURSUANT TO SECTION TWENTY-EIGHT HUNDRED SIX-A OF THE
    9  PUBLIC HEALTH LAW. AN ACTION OR PROCEEDING UNDER THIS SUBDIVISION  SHALL
   10  BE COMMENCED IN THE SUPREME COURT OF THE COUNTY IN WHICH THE FACILITY IS
   11  LOCATED.
   12    (B) UPON THE COMMENCEMENT OF AN ACTION OR PROCEEDING PURSUANT TO PARA-
   13  GRAPH  (A)  OF  THIS  SUBDIVISION,  THE  COMMISSIONER OF HEALTH SHALL BE
   14  SERVED AND GIVEN THE OPPORTUNITY TO JOIN AS A PARTY  TO  THE  ACTION  OR
   15  PROCEEDING.   IN ADDITION TO OTHER METHODS OF SERVICE AUTHORIZED BY LAW,
   16  SERVICE UPON SUCH COMMISSIONER MAY BE EFFECTUATED AT SUCH COMMISSIONER'S
   17  OFFICE IN THE CITY OF NEW YORK OR IN THE CITY OF ALBANY.  FAILURE OF THE
   18  COMMISSIONER OF HEALTH TO JOIN THE ACTION OR PROCEEDING SHALL NOT BE  AN
   19  IMPEDIMENT  TO THE ACTION OR PROCEEDING. ON THE RETURN OF SUCH ACTION OR
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03822-04-4
       A. 2368--A                          2
    1  PROCEEDING SEEKING THE APPOINTMENT OF A  TEMPORARY  OPERATOR,  IT  SHALL
    2  HAVE  PRECEDENCE OVER EVERY OTHER BUSINESS OF THE COURT UNLESS THE COURT
    3  SHALL FIND THAT SOME OTHER PENDING PROCEEDING, HAVING SIMILAR  STATUTORY
    4  PRECEDENCE,  SHALL  HAVE PRIORITY.   IF THE COURT SHALL FIND THAT CONDI-
    5  TIONS ENDANGERING THE HEALTH, SAFETY OR WELFARE OF A RESIDENT  OR  RESI-
    6  DENTS  EXIST, THE COURT MAY MAKE AN ORDER GRANTING SUCH EQUITABLE RELIEF
    7  AS IT DEEMS NECESSARY, INCLUDING, BUT  NOT  LIMITED  TO,  DIRECTING  THE
    8  COMMISSIONER  OF  HEALTH  TO APPOINT A TEMPORARY OPERATOR TO ASSUME SOLE
    9  CONTROL AND SOLE RESPONSIBILITY FOR THE OPERATIONS OF THE FACILITY.
   10    (C) THE COURT MAY AWARD THE RESIDENT OR  RESIDENTS  IN  AN  ACTION  OR
   11  PROCEEDING  FOR  THE  APPOINTMENT  OF A TEMPORARY OPERATOR NECESSARY AND
   12  REASONABLE EXPENSES INCURRED BY OR ON BEHALF OF THE  RESIDENT  OR  RESI-
   13  DENTS, INCLUDING COSTS AND ATTORNEYS' FEES.
   14    S  2.   Paragraph (a) of subdivision 2 of section 2806-a of the public
   15  health law, as added by section 50 of part E of chapter 56 of  the  laws
   16  of 2013, is amended to read as follows:
   17    (a)  In  the event that: (i) (A) a facility seeks extraordinary finan-
   18  cial assistance and the commissioner finds that the facility is  experi-
   19  encing  serious  financial  instability that is jeopardizing existing or
   20  continued access to essential services within the community,  or  [(ii)]
   21  (B) the commissioner finds that there are conditions within the facility
   22  that  seriously  endanger  the  life,  health  or safety of residents or
   23  patients, the commissioner may appoint a temporary  operator  to  assume
   24  sole control and sole responsibility for the operations of that facility
   25  ;  OR  (II)  THE  APPOINTMENT  OF A TEMPORARY OPERATOR IS ORDERED BY THE
   26  COURT PURSUANT TO SUBDIVISION TEN OF SECTION FOUR HUNDRED SIXTY-ONE-C OF
   27  THE SOCIAL SERVICES LAW, THE  COMMISSIONER  SHALL  APPOINT  A  TEMPORARY
   28  OPERATOR  TO  ASSUME  SOLE CONTROL AND SOLE RESPONSIBILITY FOR THE OPER-
   29  ATIONS OF THAT FACILITY.   The appointment  of  the  temporary  operator
   30  shall  be  effectuated pursuant to this section and shall be in addition
   31  to any other remedies provided by law.
   32    S 3. This act shall take effect on the sixtieth  day  after  it  shall
   33  have become a law, provided that the amendments to section 2806-a of the
   34  public  health law, made by section two of this act shall not affect the
   35  expiration and repeal of such section and shall  expire  and  be  deemed
   36  repealed therewith.