New York A 2191: Establishes a cause of action by residents of adult care facilities to petition for appointment of a temporary operator

Bill Text

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A02191 Summary:

BILL NOA02191 

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SAME ASNo Same As

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SPONSORSimon

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COSPNSRReyes

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MLTSPNSR

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Amd §461-c, Soc Serv L; amd §2806-a, Pub Health L

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Establishes a cause of action by residents of adult facilities to petition for the appointment of a temporary operator of any such facility in violation of the provisions of law, rules and regulations applicable thereto.

Go to top A02191 Actions:

BILL NOA02191 

&nbsp

01/15/2025referred to health

01/07/2026referred to health

Go to topA02191 Committee&nbspVotes:

Go to topA02191 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA02191 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 2191

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 15, 2025
 ___________

 Introduced by M. of A. SIMON, REYES -- read once and referred to the
 Committee on Health

 AN ACT to amend the social services law and the public health law, in
 relation to granting residents of adult care facilities a cause of
 action to seek the appointment of temporary operators of such facili-
 ties

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 461-c of the social services law is amended by
 2 adding a new subdivision 10 to read as follows:
 3 10. (a) As a means of protecting the health, safety and welfare of a
 4 resident or residents of an adult care facility, such resident or resi-
 5 dents may seek judicial relief. In addition to other forms of relief
 6 available under this article, a resident or residents may seek equitable
 7 relief from a court, including, but not limited to, the appointment of a
 8 temporary operator pursuant to section twenty-eight hundred six-a of the
 9 public health law. An action or proceeding under this subdivision shall
 10 be commenced in the supreme court of the county in which the facility is
 11 located.
 12 (b) Upon the commencement of an action or proceeding pursuant to para-
 13 graph (a) of this subdivision, the commissioner of health shall be
 14 served and given the opportunity to join as a party to the action or
 15 proceeding. In addition to other methods of service authorized by law,
 16 service upon such commissioner may be effectuated at such commissioner's
 17 office in the city of New York or in the city of Albany. Failure of the
 18 commissioner of health to join the action or proceeding shall not be an
 19 impediment to the action or proceeding. On the return of such action or
 20 proceeding seeking the appointment of a temporary operator, it shall
 21 have precedence over every other business of the court unless the court
 22 shall find that some other pending proceeding, having similar statutory
 23 precedence, shall have priority. If the court shall find that condi-

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04877-01-5

 A. 2191 2

 1 tions endangering the health, safety or welfare of a resident or resi-
 2 dents exist, the court may make an order granting such equitable relief
 3 as it deems necessary, including, but not limited to, directing the
 4 commissioner of health to appoint a temporary operator to assume sole
 5 control and sole responsibility for the operations of the facility.
 6 (c) The court may award the resident or residents in an action or
 7 proceeding for the appointment of a temporary operator necessary and
 8 reasonable expenses incurred by or on behalf of the resident or resi-
 9 dents, including costs and attorneys' fees.
 10 § 2. Paragraph (a) of subdivision 2 of section 2806-a of the public
 11 health law, as amended by section 8 of part K of chapter 57 of the laws
 12 of 2015, is amended to read as follows:
 13 (a) In the event that: (i) (A) a facility seeks extraordinary finan-
 14 cial assistance and the commissioner finds that the facility is experi-
 15 encing serious financial instability that is jeopardizing existing or
 16 continued access to essential services within the community, or [(ii)]
 17 (B) the commissioner finds that there are conditions within the facility
 18 that seriously endanger the life, health or safety of residents or
 19 patients, the commissioner may appoint a temp