§ 35-2-1105 — Powers and duties of a receiver

Wyoming § 35-2-1105

• Jurisdiction: Wyoming
• Title 35: Public Health and Safety
• Ch. 2: HOSPITALS, HEALTH CARE FACILITIES AND HEALTH
• Art. 11: HEALTH CARE FACILITY RECEIVERSHIP

Text

(a) A receiver appointed under this act shall:
(i) Have the same powers as a receiver under W.S.
1-33-104 and shall exercise those powers necessary to remedy the
conditions that constituted grounds for the imposition of the
receivership, assure adequate health care for the residents or
patients and preserve the assets and property of the health care
facility;
(ii) Notify each resident or patient and each
resident or patient's guardian or conservator, if any, or other
responsible party, if known, of the receivership;
(iii) Collect incoming payments from all sources;
(iv) Apply the current revenue and current assets of
the health care facility to current operating expenses of the
facility;
(v) Pay taxes against the health care facility which
become due during the receivership;
(vi) Be entitled to take possession of all property,
assets and records of residents or patients which are in the
possession of the health care facility. The receiver shall
preserve all property, assets and records of residents or
patients of which the receiver takes possession.
(b) In addition to the powers and duties provided in
subsection (a) of this section, a receiver may exercise the
following powers:
(i) Assume the role of administrator and take control
of day-to-day operations of the health care facility or name a
qualified administrator to conduct the day-to-day operations of
the health care facility subject to the supervision and
direction of the receiver;
(ii) Correct or eliminate any deficiency in the
structure or furnishings of the health care facility that
endangers the safety or health of the residents or patients
while they remain in the facility, provided the total cost of
correction does not exceed three thousand dollars ($3,000.00).
The court may order expenditures for this purpose in excess of
three thousand dollars ($3,000.00) on application from the
receiver;
(iii) Remedy violations of federal and state laws and
regulations governing the operation of the health care facility;
(iv) Contract for or hire agents and employees to
maintain and operate the facility; and
(v) Hire or discharge any employees including the
health care facility's administrator.
(c) The receiver in its discretion may, but shall not be
required to, defend any claim, suit or action against the
receiver or the health care facility arising out of conditions,
actions or circumstances occurring or continuing at the health
care facility after the appointment of the receiver.
(d) The district court may limit or expand the powers or
duties of a receiver.