N.Y. Public Health Law § 2803-w: Independent quality monitors for residential health care facilities

* § 2803-w. Independent quality monitors for residential health care

facilities. The department may require a residential health care

facility to contract with an independent quality monitor selected, and

on reasonable terms determined, by the department, pursuant to a

selection process conducted notwithstanding sections one hundred twelve

or one hundred sixty-three of the state finance law, for purposes of

monitoring the operator's compliance with a written and mandatory

corrective plan and reporting to the department on the implementation of

such corrective action, when the department has determined in its

discretion that operational deficiencies exist at such facility that

show:

1. a condition or conditions in substantial violation of the standards

for health, safety, or resident care established in law or regulation

that constitute a danger to resident health or safety;

2. a pattern or practice of habitual violation of the standards of

health, safety, or resident care established in law or regulation; or

3. any other condition dangerous to resident life, health, or safety.

Such written mandatory corrective plans shall include caps on

administrative and general costs that are unrelated to providing direct

care (including providing at least minimum staffing levels as determined

by the department) or care coordination.

* NB There are 2 § 2803-w's