Let Care Home Residents Sue

Section 1. Section 461-c of the social services law is amended by adding a new subdivision 10 to read as follows:

10. (a) As a means of protecting the health, safety and welfare of a resident or residents of an adult care facility, such resident or residents may seek judicial relief. In addition to other forms of relief available under this article, a resident or residents may seek equitable relief from a court, including, but not limited to, the appointment of a temporary operator pursuant to section twenty-eight hundred six-a of the public health law. An action or proceeding under this subdivision shall be commenced in the supreme court of the county in which the facility is located.

(b) Upon the commencement of an action or proceeding pursuant to paragraph (a) of this subdivision, the commissioner of health shall be served and given the opportunity to join as a party to the action or proceeding. In addition to other methods of service authorized by law, service upon such commissioner may be effectuated at such commissioner's office in the city of New York or in the city of Albany. Failure of the commissioner of health to join the action or proceeding shall not be an impediment to the action or proceeding. On the return of such action or proceeding seeking the appointment of a temporary operator, it shall have precedence over every other business of the court unless the court shall find that some other pending proceeding, having similar statutory precedence, shall have priority. If the court shall find that condi-

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD00893-01-9

S. 4486 2

tions endangering the health, safety or welfare of a resident or residents exist, the court may make an order granting such equitable relief as it deems necessary, including, but not limited to, directing the commissioner of health to appoint a temporary operator to assume sole control and sole responsibility for the operations of the facility.

(c) The court may award the resident or residents in an action or proceeding for the appointment of a temporary operator necessary and reasonable expenses incurred by or on behalf of the resident or residents, including costs and attorneys' fees.

§ 2. Paragraph (a) of subdivision 2 of section 2806-a of the public health law, as amended by section 8 of part K of chapter 57 of the laws of 2015, is amended to read as follows:

(a) In the event that: (i) (A) a facility seeks extraordinary financial assistance and the commissioner finds that the facility is experiencing serious financial instability that is jeopardizing existing or continued access to essential services within the community, or [(ii)] (B) the commissioner finds that there are conditions within the facility that seriously endanger the life, health or safety of residents or patients, the commissioner may appoint a temporary operator to assume sole control and sole responsibility for the operations of that facility, or [(iii)] (C) the commissioner finds that there has been an improper delegation of management authority by the governing authority or operator of a general hospital, the commissioner shall appoint a temporary operator to assume sole control and sole responsibility for the operations of that facility; or (ii) the appointment of a temporary operator is ordered by the court pursuant to subdivision ten of section four hundred sixty-one-c of the social services law, the commissioner shall appoint a temporary operator to assume sole control and sole responsibility for the operations of that facility. The appointment of the temporary operator shall be effectuated pursuant to this section and shall be in addition to any other remedies provided by law.

§ 3. This act shall take effect on the sixtieth day after it shall have become a law, provided that the amendments to section 2806-a of the public health law, made by section two of this act shall not affect the expiration and repeal of such section and shall expire and be deemed repealed therewith.