N.Y. General Municipal Law § 126-b*2: Establishment of Broome county nursing home

* § 126-b. Establishment of Broome county nursing home. 1. The board

of supervisors of Broome county may establish, as hereinafter in this

section provided, a nursing home to be approved by the state

commissioner of health. All expenditures incurred by the state

commissioner of health for and in connection with the location,

construction and operation of such nursing home shall be a charge upon

the county, and provision shall be made for the payment therefor by the

board of supervisors of such county in the same manner as in the case of

other charges against the county.

2. If the state commissioner of health shall approve, Broome county

may use a building or buildings formerly used as a tuberculosis hospital

or sanitorium.

3. When the board of supervisors of such county shall have determined

to establish a nursing home as hereinbefore provided, such board shall:

(a) Erect all necessary buildings and alter any buildings, on the

property when acquired for the use of said nursing home, provided that

the location of the buildings and the plans and such part of the

specifications as shall be required by the state commissioner of health

for such erection or alteration, together with the initial equipment,

shall first be approved by the state commissioner of health. Any changes

in such location or plans shall also be first approved by the state

commissioner of health, and the state commissioner of health and his

duly authorized representatives shall have the power to inspect such

nursing home during the course of its construction for the purpose of

seeing that such plans are complied with.

(b) Cause to be assessed, levied and collected such sums of money as

it shall deem necessary for suitable lands, buildings and improvements

for said nursing home and for the maintenance thereof, and for all other

necessary expenditures therefor; or may finance expenditures for the

erection of such nursing home and for the purchase of a site therefor,

pursuant to the provisions of the local finance law.

(c) Accept in its discretion and hold in trust for the county, any

grant or devise of land, or any gift or bequest of money or other

personal property, or any donation to be applied, principal or income,

or both, for the benefit of said nursing home, and apply the same in

accordance with the terms of the gift.

(d) Whenever it shall deem it in the public interest so to do, and

notwithstanding any inconsistent provision of this chapter or of any

other general or special law, change the location of such nursing home

and acquire a new site by purchase, lease or condemnation, and establish

the nursing home thereon.

4. When the board of supervisors of such county shall have determined

to establish a nursing home as hereinbefore provided, it shall, except

where a board of managers has been appointed as provided in subdivision

five of this section, appoint a superintendent of the nursing home to

hold office at the pleasure of such board. Such superintendent shall be

the chief executive officer of such home and, subject to by-laws, rules

and regulations established by the board of supervisors governing such

home, he shall:

(a) Before entering upon the discharge of his duties, file a bond in

such sum as the board of supervisors may determine, to secure the

faithful performance of such duties.

(b) Equip the nursing home with all necessary furniture, appliances,

fixtures and other needed facilities for the care of patients and for

the use of officers and employees thereof, and shall purchase all

necessary supplies.

(c) Have general supervision and control of the records, accounts and

buildings of the nursing home and all internal affairs, and maintain

discipline therein and enforce compliance with and obedience to all

by-laws, rules and regulations adopted by the board of supervisors for

the government, discipline and management of said nursing home and the

employees and patients thereof; and shall make such further rules,

regulations and orders as he may deem necessary, not inconsistent with

law, or with the rules, regulations and directions of the board of

supervisors.

(d) Appoint such resident officers and such employees as are

authorized by the board of supervisors for the efficient performance of

the business of the nursing home, and prescribe their duties; and for

cause stated in writing, after an opportunity to be heard, discharge any

such officer or employee at his discretion.

(e) Cause proper accounts and records of the business and operation of

the nursing home to be kept regularly from day to day, in books and

records provided for that purpose; and shall see that such accounts and

records are correctly made up for the annual report to the board of

supervisors.

(f) Receive into the nursing home in the order of application any

person who is entitled to admission thereto under the by-laws, rules and

regulations governing said nursing home; and shall cause to be kept

proper accounts and records of the admission of all patients, their

name, age, sex, color, marital condition, residence, occupation and

place of last employment.

(g) Cause a record to be kept of the condition of each patient when

admitted and from time to time thereafter.

(h) Discharge from said nursing home any patient who shall wilfully or

habitually violate the rules thereof; or who is found not to need

further care or treatment and to have recovered therefrom; or who for

any other reason is no longer a suitable patient for treatment therein;

and shall make a full report thereof at the next meeting of the board of

supervisors.

(i) Collect and receive all moneys due the nursing home, keep an

accurate account of the same, and transmit same to the treasurer of the

county monthly on or before the tenth day of the month.

5. Where the board of supervisors of such county shall have determined

to establish a nursing home as hereinbefore provided, it may appoint a

board of managers in the same manner as provided in section one hundred

twenty-seven of this chapter, and such board of managers, when

appointed, shall have all the powers and duties of a board of managers

of a public general hospital as set forth in section one hundred

twenty-eight of this chapter.

* NB There are 2 § 126-b's