N.Y. Public Health Law § 4616: Appointment of a caretaker

§ 4616. Appointment of a caretaker. Upon a determination by the

commissioner that there exists operational deficiencies in a continuing

care retirement community that show:

1. 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

2. 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 forty-six hundred fifteen of this

article, and, where the commissioner deems it to be in the public

interest, the commissioner shall petition a court of competent

jurisdiction to appoint a caretaker as defined in section twenty-eight

hundred one of this chapter. The petition, the proceedings, and the

procedures for appointment of a caretaker shall be governed by the

provisions of section forty-six hundred seventeen of this article, and

the powers, duties and rights of a caretaker appointed pursuant to such

section shall be the same as those authorized by subdivision four of

such section.