N.Y. Public Health Law 4669 – Appointment of a caretaker
§ 4669. Appointment of a caretaker. Upon a determination by the council that there exists operational deficiencies in a fee-for-service continuing care retirement community that show:
Terms Used In N.Y. Public Health Law 4669
- Community: shall mean a fee-for-service continuing care retirement community established pursuant to this article. See N.Y. Public Health Law 4651
- Council: shall mean the continuing care retirement community council, established pursuant to section forty-six hundred two of this chapter. See N.Y. Public Health Law 4651
- Facility: shall mean any place in which an operator undertakes to provide a resident with the services of a fee-for-service continuing care retirement community, pursuant to a contract, whether such place is constructed, owned, leased, rented or otherwise contracted for by the operator. See N.Y. Public Health Law 4651
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
1. there exists in the facility a pattern or practice of habitual violation of the standards of health, safety or patient care established under federal or state law or regulations, the council shall take the actions prescribed by section forty-six hundred sixty-eight of this article, and, where the council deems it to be in the public interest, the council may request the commissioner, and upon request of the council the commissioner shall, petition a court of competent jurisdiction to appoint a caretaker as defined in section twenty-eight hundred one of this chapter. The petition, the proceedings, and the procedures for appointment of a caretaker shall be governed by the provisions of section forty-six hundred seventy of this article, and the power, duties and rights of a caretaker appointed pursuant to such section shall be the same as those authorized by subdivision four of such section; or
2. a condition or conditions in substantial violation of the standards for health, safety or patient care established under federal or state law or regulations.