§ 4616 — Appointment of a caretaker

§ 4616. Appointment of a caretaker. Upon a determination by the\ncommissioner that there exists operational deficiencies in a continuing\ncare retirement community that show:\n 1. a condition or conditions in substantial violation of the standards\nfor health, safety or patient care established under federal or state\nlaw or regulations; or\n 2. that there exists in the facility a pattern or practice of habitual\nviolation of the standards of health, safety or patient care established\nunder federal or state law or regulations, the commissioner shall take\nthe actions prescribed by section forty-six hundred fifteen of this\narticle, and, where the commissioner deems it to be in the public\ninterest, the commissioner shall petition a court of competent\njurisdiction to appoint a caretaker as defined in section twenty-eight\nhundred one of this chapter. The petition, the proceedings, and the\nprocedures for appointment of a caretaker shall be governed by the\nprovisions of section forty-six hundred seventeen of this article, and\nthe powers, duties and rights of a caretaker appointed pursuant to such\nsection shall be the same as those authorized by subdivision four of\nsuch section.\n