§ 2808-A — Liability of certain persons

§ 2808-a. Liability of certain persons. 1. Every person who is a\ncontrolling person of any residential health care facility liable under\nany provision of this article to any person or class of persons for\ndamages or to the state for any civil fine, penalty, assessment or\ndamages, shall also be liable, jointly and severally, with and to the\nsame extent as such residential health care facility, to such person or\nclass of persons for damages or to the state for any such civil fine,\npenalty, assessment or damages.\n 2. For purposes of this section, a "controlling person" of a\nresidential health care facility shall be deemed to mean any person who\nby reason of a direct or indirect ownership interest (whether of record\nor beneficial) has the ability, acting either alone or in concert with\nothers with ownership interests, to direct or cause the direction of the\nmanagement or policies of said facility. Neither the commissioner nor\nany employee of the department nor any member of a local legislative\nbody of a county or municipality, nor any county or municipal official\nexcept when acting as the administrator of a residential health care\nfacility, shall, by reason of his or her official position, be deemed to\nbe a controlling person of any residential health care facility nor\nshall any person who serves as an officer, administrator or other\nemployee or as a member of a board of directors or trustees of any\nfacility be deemed to be a controlling person of said facility as a\nresult of such position or his or her official actions in such position.\n