N.Y. Public Health Law § 2806-b: Residential health care facilities; revocation of operating certificate

§ 2806-b. Residential health care facilities; revocation of operating

certificate. 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.