{"data":{"id":"us-ny/n.y.-public-health-law-4616","jurisdiction":"us-ny","citation":"N.Y. Public Health Law § 4616","heading":"Appointment of a caretaker","body":"§ 4616. Appointment of a caretaker. Upon a determination by the\ncommissioner that there exists operational deficiencies in a continuing\ncare retirement community that show:\n  1. a condition or conditions in substantial violation of the standards\nfor health, safety or patient care established under federal or state\nlaw or regulations; or\n  2. that there exists in the facility a pattern or practice of habitual\nviolation of the standards of health, safety or patient care established\nunder federal or state law or regulations, the commissioner shall take\nthe actions prescribed by section forty-six hundred fifteen of this\narticle, and, where the commissioner deems it to be in the public\ninterest, the commissioner shall petition a court of competent\njurisdiction to appoint a caretaker as defined in section twenty-eight\nhundred one of this chapter. The petition, the proceedings, and the\nprocedures for appointment of a caretaker shall be governed by the\nprovisions of section forty-six hundred seventeen of this article, and\nthe powers, duties and rights of a caretaker appointed pursuant to such\nsection shall be the same as those authorized by subdivision four of\nsuch section.","path":["Public Health Law","Article 46. Continuing Care Retirement Communities"],"source_url":"https://legislation.nysenate.gov/api/3/laws/PBH/4616","current_through":"2026-09-11","vintage":"","retrieved_at":"2026-09-14T19:32:45Z","sha256":"5de6b9af61611c89279f6b774ef38b0eb9db5885a70e32492aa51ef14b89c82b","source_id":"us-ny","stale":false,"prev":"us-ny/n.y.-public-health-law-4615","next":"us-ny/n.y.-public-health-law-4617"},"notice":"GroundRules: Original legal text. Not legal advice."}