§ 2806-B — Residential health care facilities; revocation of operating certificate

New York § 2806-B

• Jurisdiction: New York
• Law PBH: Public Health
• Art. 28: Hospitals

Text

§ 2806-b. Residential health care facilities; revocation of operating\ncertificate. Upon a determination by the commissioner that there exist\noperational deficiencies in a residential health care facility which\nshow:\n (a) a condition or conditions in substantial violation of the\nstandards for health, safety or patient care established under federal\nor state law or regulations; or\n (b) any other conditions dangerous to life, health or safety; or\n (c) that there exists in the facility a pattern or practice of\nhabitual violation of the standards of health, safety or patient care\nestablished under federal or state law or regulations, the commissioner\nshall take the actions prescribed by section twenty-eight hundred six of\nthis article to revoke the operating certificate of the residential\nhealth care facility which was the subject of such finding and, where he\ndeems it to be in the public interest, he may petition a court of\ncompetent jurisdiction to appoint a caretaker as defined in section\ntwenty-eight hundred one of this article. The petition, the proceedings\nand the procedures for the appointment of a caretaker shall be governed\nby the provisions of subdivision two of section twenty-eight hundred ten\nof this article, and the powers, duties and rights of a caretaker\nappointed pursuant to this section shall be the same as those authorized\nby such subdivision.\n