N.Y. Public Health Law § 2808-a: Liability of certain persons

§ 2808-a. Liability of certain persons. 1. Every person who is a

controlling person of any residential health care facility liable under

any provision of this article to any person or class of persons for

damages or to the state for any civil fine, penalty, assessment or

damages, shall also be liable, jointly and severally, with and to the

same extent as such residential health care facility, to such person or

class of persons for damages or to the state for any such civil fine,

penalty, assessment or damages.

2. For purposes of this section, a "controlling person" of a

residential health care facility shall be deemed to mean any person who

by reason of a direct or indirect ownership interest (whether of record

or beneficial) has the ability, acting either alone or in concert with

others with ownership interests, to direct or cause the direction of the

management or policies of said facility. Neither the commissioner nor

any employee of the department nor any member of a local legislative

body of a county or municipality, nor any county or municipal official

except when acting as the administrator of a residential health care

facility, shall, by reason of his or her official position, be deemed to

be a controlling person of any residential health care facility nor

shall any person who serves as an officer, administrator or other

employee or as a member of a board of directors or trustees of any

facility be deemed to be a controlling person of said facility as a

result of such position or his or her official actions in such position.