Establishes a cause of action by residents of adult facilities to petition for the appointment of a temporary operator of any such facility in violation of the provisions of law, rules and regulations applicable thereto.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2191
SPONSOR: Simon TITLE OF BILL:
An act to amend the social services law and the public health law, in
relation to granting residents of adult care facilities a cause of
action to seek the appointment of temporary operators of such facilities
PURPOSE OR GENERAL IDEA OF BILL:
This legislation would allow residents of adult care facilities access
to a Court when their health, safety, and welfare are at risk.
SUMMARY OF SPECIFIC PROVISIONS:
The bill adds subdivision 10 to Social Services Law § 461-c to permit a
resident of an adult care facility to seek the appointment of a tempo-
rary operator through the supreme court of the county in which the
facility is located. The bill also amends subdivision 2 of Public Health
Law § 2806-a to authorize the court to direct the commissioner to
appoint a temporary operator for the adult care facility.
JUSTIFICATION:
Residents of adult care facilities are severely limited in their ability
to protect themselves and their rights because they are dependent on the
operators of these facilities for all their needs. In cases where the
operators are endangering the health or safety of residents, the resi-
dents should be able to seek protection from a court. This bill would
allow residents to seek the appointment of a temporary operator and
would allow the commissioner to join as a party to such an action.
This would supplement, but in no way limit or replace the current
discretion of the commissioner to independently appoint a temporary
operator under PHL § 2806-a, or to seek the appointment of a receiver
under SSL § 461-f. Because the department's resources are limited, the
commissioner may not be able to exercise these powers in all cases in
which the health, safety, and welfare of residents are endangered. This
bill will give residents the right to bring an action on their own,
providing an alternative remedy in grievous cases.
PRIOR LEGISLATIVE HISTORY:
2023-2024: A7785 Simon -referred to health
2021-2022: A7532 Gottfried -Referred to health
2019 - 2020: A5616 (Weinstein) - Third Reading
2017 - 2018: A.1422 (Weinstein) - Third Reading
2015 - 2016: A.154-A (Weinstein) - Third Reading
FISCAL IMPLICATIONS:
none
EFFECTIVE DATE:
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.
