Relates to the appointment of a temporary operator or voluntary receiver of adult care facilities

1 Co-sponsor

• Jeffrey Dinowitz

BILL NUMBER:A9555A

Title of bill

An act to amend the social services law, in relation to the appointment of a temporary operator or voluntary receiver of adult care facilities

Purpose or general idea of bill

This bill will improve the health, safety and quality of life of New York residents living in adult care facilities.

Summary of specific provisions

Section 1 of the bill amends SSL . 460-d(4)(c) to provide that if an order or determination to suspend an operating certificate includes a condition that a temporary operator be appointed, the temporary operator would be entitled to the same powers and protections afforded to a receiver under SSL § 4614(4) with limita- tions on the power to sell or dispose of property and to transfer patients.

Section 2 of the bill amends SSL § 461-f(1) to require that a receiver appointed by a court to operate an adult care facility be made a party to any agreement extending the period of time when the receiver will continue operating the facility. The bill also permits such receiver- ships to be continued for such period of time as is agreed upon by the parties.

Section 3 of the bill amends SSL .. 46l-f(2) to provide that in the case of a voluntary receivership, the receiver must be made a party to an agreement to extend the receivership, and the receivership will termi- nate as agreed by the parties.

Justification

Adult homes, enriched housing programs and residences for adults - collectively referred to as adult care facilities - are impor- tant models of care that serve as the homes of thousands of New York State residents. This bill builds on DOH's commitment to improve and enhance the health, safety and quality of life of New Yorkers living in such facilities by removing obstacles to the institution or continuation of temporary operators or receivers.

Prior legislative history

Drawn from a similar bill (a departmental) that was introduced in 2007 (A.8701 /S.5155) but did not pass.

Fiscal implications

This bill is not expected to have a fiscal impact on the State

Effective date

Immediately.