Section 2806-B. Residential health care facilities; revocation of operating certificate  


Latest version.
  • Upon a determination by the commissioner that  there  exist
      operational  deficiencies  in  a  residential health care facility which
      show:
        (a)  a  condition  or  conditions  in  substantial  violation  of  the
      standards  for  health, safety or patient care established under federal
      or state law or regulations; or
        (b) any other conditions dangerous to life, health or safety; or
        (c) that 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  commissioner
      shall take the actions prescribed by section twenty-eight hundred six of
      this  article  to  revoke  the  operating certificate of the residential
      health care facility which was the subject of such finding and, where he
      deems it to be in the public  interest,  he  may  petition  a  court  of
      competent  jurisdiction  to  appoint  a  caretaker as defined in section
      twenty-eight hundred one of this article. The petition, the  proceedings
      and  the procedures for the appointment of a caretaker shall be governed
      by the provisions of subdivision two of section twenty-eight hundred ten
      of this article, and the  powers,  duties  and  rights  of  a  caretaker
      appointed pursuant to this section shall be the same as those authorized
      by such subdivision.